Kunu Pradhan vs State Of Odisha

G. Satapathy, J.

This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Mancheswar PS Case No.68 of 2023 arising out of TR Case No.106 of 2023 pending in the Court of learned Addl. Sessions Judge, Bhubaneswar, for commission of offences punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 70Kgs of Contraband Ganja in a car bearing Regd. No.OR-14V-7914.

Heard, Mr. Deepak Ranjan Parida, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

No doubt bail to the petitioner has been seriously opposed to by the learned State Counsel for him having one criminal antecedent of similar nature, but the petitioner has been detained in custody since 19.02.2023 and only 02 out of 17 witnesses have been examined in the meantime. Further, out of the said 02 witnesses examined, the cross-examination of PW.1 has been deferred on the petition of the co-accused Sumi @ Sumitra Mohanty, who has already been enlarged on bail in BLAPL No. 7775 of 2023. Right to speedy trial is the fundamental right of an accused, but it seems to have been not adhered to in this case. Additionally, another co-accused Prabhat Ranjan Patra @ Pravat Ranjan Patra has already been granted bail by a co-ordinate Bench of this Court in BLAPL No. 10551 of 2023. In the aforesaid facts and situation, especially when it is not certain about the conclusion of trial in near future and the petitioner having detained in custody for last 03 years 05 months and 17 days as on today together with grant of bail to two co-accused persons out of three, the conditions of Sec.37 of NDPS Act, which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity may be dispensed with for the petitioner at this stage.

For the reasons stated hereinabove and taking into account the long detention of the petitioner, this Court without expressing any view on merit, admits the petitioner to bail.

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) with two solvent sureties each 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.

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.