Pramod Kumar Das @ Pama vs State Of Odisha

Savitri Ratho, J

Heard Mr. A.N. Samantray, learned counsel for the petitioner and Mr. D.K. Mishra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with District Mobile Unit, Jagatsinghpur Excise P.R. No. 69 of 2023 corresponding to 2(a) C.C. No. 151 of 2023 pending in the Court of the learned J.M.F.C., Tirtol registered for commission of offence punishable under Section 52(a) of Odisha Excise Act.

The petitioner had moved an application for bail before the Court of learned Sessions Judge, Jagatsinghpur which was rejected on 17. 10.2023.

The prosecution allegation in brief is that 12 Mc. Dowell No.1 Celebration Premium blend Rum each containing 375 ml. and ten numbers of Mc. Dowell No.1 Celebration Premium blend Rum each containing 180 ml. (total 6.300 liters) from the possession of the petitioner on 05.10.2023.

Mr. A.N. Samantray, learned counsel for the petitioner submits that the petitioner had kept the liquor for his personal consumption but he has some criminal antecedents, the police had raided his house and seized the liquor. The investigation has progressed considerably in the meanwhile and there is no allegation that he was selling the same, so he may be released on bail. He further submits that although it has been stated that he has nine criminal antecedents, in all these cases he has been released on bail and the quantity of seizure all the cases are maximum 5 liters in each case except the present case.

Mr. D.K. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that as the petitioner is a habitual offender and has a number of criminal antecedents of similar nature, he is likely to commit similar offence, if he is released on bail.

Although the petitioner has nine criminal antecedents, in view of the quantity of IMFL seized and his period of detention in custody, I am inclined to allow the prayer for bail.

The petitioner- Pramod Kumar Das @ Pama shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He will cooperate with the investigation.

(iv) He will report before the I.O. once in a week on every Sunday or Monday between 1.00 p.m. to 3.00 p.m. till completion of investigation.

(v) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

A copy of this order be supplied to Mr. D.K. Mishra, learned Addl. Standing Counsel for onward transmission to the I.O..

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