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Mrutyunjaya Bindhani vs State Of Odisha

Orissa High Court · Decided on 5 March 2024 · Citation: (2024) 03 OHC CK 0025

HON’BLE JUDGES
D. Dash, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 818 Of 2024
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Judgment

9 paragraphs · 345 words

D. Dash, J

1.

The matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioner being in custody in connection with Gochhapada P.S. Case No.01 of 2016 corresponding to T.R. Case No. 02 of 2016 on the file of learned District & Sessions Judge-cum-Special Judge, Phulbani, running for alleged commission of offence under Section 20(b)(ii)(B) of the NDPS Act, , has filed application under section-439, Cr.P.C., for his release on bail in the above mentioned case.

3.

Learned counsel for the Petitioner submits that the Petitioner has been taken to custody since 09.01.2024 for violation of the condition as imposed by the Court below vide order dated 19.02.2026 passed by the learned Special Judge, Phulbani in G.R. Case No.02 of 2016. He further submits that the Petitioner’s absence on the date fixed in the case was neither deliberate nor intentional. He submits that this Petitioner has no intention to avoid the process of law and he would take all steps in future to see that the situation does not recur. In view of all the above, when in the meantime, the Petitioner has remained in custody for about a month being penalized for said non-deliberate act; he urges for grant of bail to the Petitioner.

4.

Learned counsel for the State opposes the move, in view of the violation of the condition by the Petitioner by remaining absence.

5.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court is seisin of the case with further condition that:-

(1) he will appear in person before the Court in seisin of the case on each date of posting of the case.

6.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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