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Judgment
15 paragraphs · 447 wordsV. Narasingh, J
Since both the matters arise out of Mathili P.S. Case No.131 of 2022, they are heard together and disposed of by this common order on the consent of the parties.
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in Special G.R. Case No.100 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkanagiri arising out of Mathili P.S. Case No.131 of 2022 for commission of the offence alleged under Sections 20(b)(ii)C of the N.D.P.S Act.
Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court.
Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Special Judge, Malkangiri by order dated 14.11.2023 in the aforementioned case, the present bail applications have been filed.
It is apt to note here that the Petitioner in BLAPL No.303 of 2024 moved earlier before this Court in BLAPL No.10248 of 2022 and the same was rejected by order dated 16.11.2022. The Petitioner in BLAPL No.13752 of 2023 earlier moved before this Court in BLAPL No.9384 of 2022 which was rejected by order dated 12.10.2022 and BLAPL No.1265 of 2023 which was disposed of as withdrawn.
Taking into account that the Petitioners are in custody since 18.06.2022, a report was called for from the learned Court in seisin and such report has been received in BLAPL No.13752 of 2023 indicating that 6 witnesses have been examined and the case is likely to be disposed of by end of 2nd quarter 2024.
Taking note of the same and since the trial has already commenced, this Court is not inclined to entertain the bail applications keeping in view the quantity of the contraband seized (150 Kg. 480 grams of ganja) and the manner of accusation vis-à-vis the Petitioners.
Liberty is given to the Petitioners to renew their prayer before the learned Court in seisin in the event trial is not concluded by end of 2nd quarter, 2024.
Learned counsel for the State shall ensure the presence of the witnesses on the date fixed.
It is needless to state that the observations made here are only for the purpose of bail application and ought not to be construed as expressing any opinion regarding complicity of the Petitioners which has to be adjudicated in the impending trial on its own merit.
The bail applications stand disposed of.
Free copy of this order be made over to the learned counsel for the State for compliance.
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