Kanduru Pradhan vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Rairakhol P.S. Case No. 247 of 2021 corresponding to T.R. Case No. 99 of 2021 pending in the Court of learned Addl. Sessions Judge-cum- Judge (Special Court), Rairakhol, Dist- Sambalpur for commission of offences punishable Under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, on the allegation of transporting 121Kgs of Contraband Ganja in a Honda Amaze Car bearing Regd. No.OD02BL-7580.

Heard, Mr. N. Mohapatra, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

It appears from the report submitted by the learned Addl. District and Sessions Judge, Rairakhol that the petitioner was apprehended on 22.12.2021, but the trial in this case is yet to commence awaiting execution of NBWA issued against co-accused. It therefore very clear that despite long custody of the petitioner, the trial has not yet commenced, but the right to speedy trial is a fundamental right of a person accused of an offence.

As regards twin conditions of Section 37 of the NDPS Act, since the learned ASC having already heard in the matter, the first condition appears to have been complied with. As far as the second condition of Section 37 of the NDPS Act Re: forming of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty of the offence and he is unlikely to commit offence while on bail, this Court does not consider it proper to form any opinion in this regard at this stage, especially when the trial is yet to be commenced even after custody of the petitioner for near about more than one year and nine months and the settled position of law that an accused is presumed to be innocent unless proven to be guilty beyond all reasonable doubts and that no criminal antecedent of the petitioner is brought to the notice of this Court. The prolong detention of the petitioner in custody generally militates against the most precious Fundamental right guaranteed under Article 21 of the Constitution and thereby, as such the conditional liberty would eclipse the statutory embargo U/S. 37 of NDPS Act.

In view of the above facts and taking into consideration the long custody of the petitioner and regard being had to the non-commencement of trial even after custody of the petitioner for near about more than one year and nine months, this Court admits the petitioner to bail notwithstanding to the rigor of Section 37 of NDPS Act.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody and

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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