Laxman Naik vs State Of Odisha

G. Satapathy, J

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

This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No.149 of 2022 arising out of Kalimela P.S. Case No.242 of 2022 pending in the file of learned Sessions Judge-Cum-Special Judge, Malkangiri, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 35Kgs of Contraband Ganja.

The petitioner renews his prayer for bail purportedly under changed circumstance of examination of some of the witnesses.

Heard Mr. R.L. Pattnaik, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the present petitioner in this case and regard being had to the pre-trial detention of the petitioner since 27.09.2022 and examination of six witnesses in the meanwhile and taking into account the presumption of law that a person is presumed to be innocent unless proven to be guilty beyond all reasonable doubts, which in the circumstance makes the prolong detention of the Petitioner to dilute of rigor of Section 37 of NDPS Act and the petitioner being aged about 61 years and there being no criminal antecedent reported against the petitioner and regard being had to the release of co-accused namely Pradip Kumar Mandal on bail in BLAPL No. 3934 of 2023, this Court in the peculiar facts of the case, grants bail to the Petitioner considering him to have prima facie discharged 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) 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 with following conditions:-

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

(ii) the petitioner shall attend the trial Court on each and every 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 and

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

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 for any offence under NDPS Act involving commercial quantity  of  contraband  article  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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