Himanshu Sharma vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

The Court below has submitted a report stating that co-accused, Pawan Singh, who has been granted bail by this Court, has been appearing on each date of posting of the case. In so far as the petitioner is concerned, he is in custody since 16.05.2022 in connection with Titilagarh G.R.P.S. Case No.20 of 2022 corresponding to Special G.R. Case No.25 of 2022 pending in the Court of learned Sessions Judge, Titilagarh for the alleged commission of offence under Section 20(b)(ii)(C) of NDPS Act.

As per the prosecution case, the petitioner stands almost on the same footing as co-accused, Pawan Singh, who has been released on bail.

Having regard to the above fact and particularly, the fact that the petitioner has spent more than one and half years in custody by now and there has been no substantial progress in the trial, I am inclined to take a lenient view.

Let the petitioner be released on interim bail for a period of two months from the date of his actual release on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the Court below on each date of posting of the case without seeking representation.

After expiry of the interim bail, he shall surrender to custody.

List this matter on 2nd February, 2024.

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