Prakash Meher vs State Of Odisha

G. Satapathy, J

BLAPL Nos.9223 & 9224 of 2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Since both these bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These bail applications are U/S. 439 of Cr.P.C. by the petitioners for grant of bail in connection with Golamunda P.S. Case No.132 of 2022 corresponding to C.T. Case No. 12 of 2022 (N.D.P.S.) pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Dharamgarh for commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 42 Kgs of Contraband Ganja in a vehicle bearing Registration No. OD-08-8855.

Heard, Mr. U.Barik, learned counsel for the Petitioners and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. At the inception, it is informed that the Petitioner is in custody since 27. 07.2022, but only 5 out of 18 charge-sheeted witnesses have been examined till today and, therefore, the trial would take some more time.

In view of the aforesaid situation, especially when the trial has not progressed appropriately even after custody of the Petitioners for more than one year, this Court considers that at this stage, the second condition of Section 37 of NDPS Act with regard to formation of opinion that there are reasonable grounds for believing that the petitioners are not guilty of such offence or they are unlikely to commit offence while on bail, may not be formed inasmuch as the long detention of the Petitioners in custody and the law presumption of innocence of the accused persons and, thereby, the conditional liberty would eclipse the statutory embargo of Section 37 of NDPS Act.

In the aforesaid backdrop and after having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the pre trial detention of the petitioners in custody, this Court admits each of the two petitioners in BLAPL Nos. 9223 of 2023 and 9224 of 2023 to bail.

Hence, the bail applications of the petitioners stand allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two 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 petitioners shall not commit any offence while on bail,

(ii) The petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the petitioners 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,

(iii) The petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) The petitioners shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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 petitioners in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case

Accordingly, both the bail applications stand disposed of.

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

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