Jerobiyam @ Jeru Gamango 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.

As directed, learned Addl. District and Sessions Judge, Parlakhemundi has submitted a report that only one out of 21 charge sheeted witnesses have been examined as yet and the case is posted to 2.8.2023 for further trial.

The Petitioner is in custody since 13th August, 2021 in connection with G.R. Case No.93 of 2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri corresponding to R. Udayagiri P.S. Case No.107/2021 for the alleged commission of the offence under Section 20(b)(ii)(c)/25/29 of the N.D.P.S. Act.

It is submitted that one of the co-accused has already been released on bail as per order passed by this Court. As evident from the report submitted by the Court below, the trial is at its initiation with only one out of 21 witnesses being examined.

Considering the long period of detention of the Petitioner in custody and the slow progress of trial while directing the Court to below to expedite the trial and to conclude the same as early as possible, the BLAPL is disposed of also directing the Court below to release the Petitioner on interim bail for a period of three months from the date of his actual release on such terms and conditions as may be fixed by the Court in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

After expiry of the aforesaid period of three months, the Petitioner shall surrender before the Court in seisin over the matter, failing which appropriate warrant may be issued for his production.

Urgent certified copy of this order be granted on proper application.

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