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Murarji Sagar vs State Of Odisha

Orissa High Court · Decided on 8 December 2021 · Citation: (2021) 12 OHC CK 0043

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37(1)(b)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6639 Of 2020
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Judgment

11 paragraphs · 348 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act.

2.

Heard Mr. A.K. Budhia, learned counsel for the Petitioner as well as Mr. S.N. Mishra, learned A.S.C. for the State-Opposite Party.

3.

By order dated 17.02.2020 in BLAPL No.938 of 2020, this Court directed for early completion of trial preferably by end of August, 2020. But it is explained by the concerned trial court that due to spread of COVID-19 pandemic, the matter could not be disposed of within the stipulated time. However, in the meantime three witnesses have already been examined in course of trial.

4.

After hearing learned A.S.C. for the State-Opposite Party and considering the quantity of contraband which attracts commercial quantity, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act.

5.

However considering the period of detention of the Petitioner inside custody and the progress in trial, it is directed to release the Petitioner on interim bail for a period of two months from the date of his release in connection with Nandapur P.S. Case No.35/2019 corresponding to T.R. Case No.16/2019 on such terms and conditions to be fixed by the learned Addl. Sessions Judge-cum-Special Judge, Koraput as he deems just and proper including the condition that the Petitioner shall furnish two sureties out of which one shall be his relative and he shall attend the learned trial court on each date fixed.

6.

It is made clear that the Petitioner shall surrender himself on or before 17th February, 2022 before the learned trial court, failing which, the trial court shall take appropriate steps including issuance of NBW of Arrest to apprehend the Petitioner.

7.

Learned Additional Sessions Judge-cum-Special Judge, Koraput is directed to complete the trial as expeditiously as possible preferably by end of July, 2022 and report compliance to this Court.

8.

The BLAPL is accordingly disposed of.

9.

An urgent certified copy of this order be issued as per rules.

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