Paresh Mallick vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 26th March, 2021 in connection with Balliguda P.S. Case No.59/2021 corresponding to C.T. Case No.20/2021 pending in the court of learned Special Judge-cum-Addl. Sessions Judge, Balliguda for the alleged commission of the offence under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

It is alleged that the Petitioner was in possession of contraband ganja weighing 450 kgs. 800 grams. In the meantime two co-accused persons have been released on bail. This Court however, observes that the Petitioner stands on a different footing. Be that as it may, considering the fact that Petitioner is in custody for more than two years and trial is yet to conclude, I am inclined to take a lenient view.

The bail application is therefore disposed of by directing the court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that that he shall not misuse the liberty granted to him.

After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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