Rajiya Paswan vs State Of Odisha

G. Satapathy, J

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

Since both these bail applications arise out of one 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 are applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with T.R. Case No.10 of 2021 arising out of Machhakund P.S. Case No.06 of 2021 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting of 134Kgs 600Grams of Contraband Ganja in a Bolero vehicle.

Both the petitioners renew their prayer for bail purportedly under changed circumstance of non-conclusion of trial within the period stipulated by this Court.

This Court is informed that the petitioners are in continuous custody since 14.01.2021 and in the meanwhile, two years and six months have already elapsed, but the learned trial Court by a report, informs this Court that 6 out of 13 short listed charge-sheeted witnesses have been examined till today and, therefore, the trial would obviously take some time to be completed.

As regard to the compliance of first condition of Section 37 of NDPS Act, this Court has already heard Mrs. S.R. Sahoo, learned ASC and thereby, the first condition stands complied with. So far as the second condition of Section 37 of the NDPS Act, Re: formation of opinion as to whether there are reasonable grounds to believe that the petitioners are not guilty of the offence and they are unlikely to commit offence while on bail, this Court does not consider it proper to form any opinion in this regard at this stage, especially when the trial is yet to complete even after two years and six months of the custody of the petitioners and the settled position of law that an accused is presumed to be innocent unless proven to be guilty beyond all reasonable doubts. The prolong detention of the petitioners in custody generally militates against the most precious Fundamental right guaranteed under Article 21 of the Constitution and thereby, as such the conditional liberty would eclipse the statutory embargo U/S.37 of NDPS Act.

This Court, however, finds merits in the submission of learned counsel for the State that both the petitioners belong to outside State and, therefore, some stringent conditions are required to be imposed on the petitioners, in the event of grant of bail to them.

In view of the above facts and after having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and taking into account the other circumstance on record in entirety and the reason indicated for satisfaction of Section 37 of NDPS Act in the preceding paragraph, this Court admits the petitioners to bail.

Hence, both the bail applications of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each 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 appear before the Court in seisin of the case on each and every 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 Petitioners 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 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 petitioners misuse the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioners fail to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against them 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 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 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, both the BLAPL stand disposed of.

Issue urgent certified copy of the order as per Rules.

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