Purustam Sahu @ Purastam vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Pattpur P.S. Case No.133 of 2022 arising out of G.R. Case No.36 of 2022(N) pending in the file of learned Special Judge-cum-3rd Addl. Sessions Judge, Berhampur for commission of offence punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of possessing 85 Kgs. 500 Grams of Contraband Ganja in his house.

Heard Mr. S.K. Mahanty, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

At the outset, it is stated at the Bar that the petitioner is in custody since 29.04.2022, but 02 out of 20 charge sheeted witnesses have been examined till today and therefore, the trial would definitely take some time to be concluded in this case. Right to speedy trial is a fundamental right of the offender, but here in this case, the accused has not been extended with such right with promptitude. No matter there appears embargo U/S 37 of the NDPS Act for grant of bail, but in this case by taking into consideration the long custody of the petitioner and the stage of the case, this Court feels that the petitioner has demonstrated sufficient ground to overcome to satisfy the conditions of Section 37 of the NDPS Act.

In view of the above facts and taking into account the rival submissions and on going through the materials placed on record and keeping in view the custody of the petitioner since 29.04.2022, this Court admits the petitioner to bail notwithstanding to the rigors of Section 37 of the NDPS Act due to long custody of the petitioner and snail pace of the trial with presumption of innocence of the petitioner in law till proven guilty in the trial beyond all reasonable doubt.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh only) with two local solvent sureties 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails 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 petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

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

(v) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law.

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

It is, however, clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner 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 petitioner 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, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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