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Judgment
11 paragraphs · 369 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Orkel P.S. Case No.49 of 2020 corresponding to T.R. Case No.45 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Malkangiri for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Malkangiri (I/c), which was rejected on 27.03.2024.
Considering the submission made by the learned counsel for the petitioner that the petitioner was taken into judicial custody in connection with this case on 07.03.2020 and he was granted interim bail twice by this Court in BLAPL No.9068 of 2022 as per order dated 01.12.2022 and in BLAPL No.8855 of 2023 as per order dated 08.12.2023 and on perusal of the status report, it appears that out of sixteen charge sheet witnesses, ten witnesses have been examined so far and since the learned counsel for the State has failed to produce any material that the petitioner has mis-utilised the liberty while on interim bail, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.
Violation of any of the terms and conditions shall entail cancellation of interim bail.
Accordingly, the BLAPL is disposed of.
Issue urgent certified copy as per Rules.
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