Mafuza Bibi 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.22/2022 arising out of Badambadi P.S. Case No.232 of 2022 pending in the file of learned 2nd Addl. Sessions Judge, Cuttack, for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 61 Kgs. 500 Grams of Contraband Ganja.

Heard Mr. Amulya Ratna Panda, learned counsel for the petitioner and Mrs. S.R. Sahoo, ASC in the matter and perused the record. Mr. Amulya Ratna Panda, learned counsel for the petitioner by filing the memo orally submits before this Court that he is personally acquainted with the facts of the case and he knows that no bail application of the petitioner is pending before any other forum.

It appears from the record that the present petitioner is in custody since 20.08.2022, but in the meanwhile trial has not yet been concluded. The quantity of Contraband Ganja recovered and seized in this case is coming under commercial quantity and in such situation, the provision of Section 37 of NDPS Act may be normally attracted, but this Court is satisfied that the conditions of Section 37 of NDPS Act may be dispensed with at this stage, especially when the petitioner is a lady and she is detained in custody for more than one and half years without trial being concluded.

For the reasons stated hereinabove and taking into consideration the rival submissions, as also the fact that the petitioner has voluntarily surrendered to custody after availing the interim bail granted for 45 days in BLAPL. No. 9429 of 2023 and taking into account the fact that less than commercial quantity of Contraband Ganja was alleged to have seized from the petitioner and her implication in this case on the basis of possession of total Contraband Ganja by all the accused persons which is amounting to 61 Kgs. 500 Grams and further taking into account the release of co-accused persons Mera Bibi @ Mera Bisis @ Sulekha Bibi on bail in BLAPL No.14628 of 2023 and Aglima Bibi @ Rasedha Bibi @ Aklima Bibi on bail in BLAPL No.14629 of 2023, this Court without expressing any opinion on merits of the case grants bail to the Petitioner subject to conditions of her furnishing appropriate sureties.

Hence, the bail application of the petitioner stand allowed and the petitioner is allowed to go on bail on furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees One Lakh) only with two local 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 in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law.

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 under NDPS Act offences in future on prima facie accusations may be treated as a ground for cancellation of bail in this case.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail must verify the residential proof of the local sureties by taking the help of local police, if required and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

…………………………..