Rajendra Samaredy vs State of Odisha

B. P. Routray, J

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of contraband ganja weighing 58 kg. 410 grams.

Heard Mr. P.K. Nanda, learned counsel for the Petitioner as well as Ms. S. Mishra, learned A.S.C. for the State-Opposite Party.

It is submitted by learned counsel for the Petitioner that though the Petitioner is inside custody since 21.9.2019, but the trial has not started yet.

After hearing learned A.S.C. for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

Perusal of the report dated 11th March, 2022 of the learned Additional Sessions Judge-cum-Special Judge, Koraput reveals that the charge was framed on 22.02.2021 and now the case is posted to 22.3.2022/23.03.2022 for evidence.

Thus considering the long period of detention of the Petitioner inside custody and slow progress of trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release in connection with Nandapur P.S. Case No.89/2018 corresponding to T.R. Case No.41/2018 on such terms and conditions to be fixed by the learned Sessions Judge-cum-Special Judge, Koraput as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

It is made clear that the Petitioner shall surrender in the trial court on or before 27th June, 2022, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

The BLAPL is disposed of.

An urgent certified copy of this order be granted on proper application.

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