Ranjan Kumar Dehury vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Phiringia P.S. Case No.24 of 2020 corresponding to C.T. Case No.19 of 2020 pending in the Court of learned Sessions Judge -cum-Special Judge, Kandhamal, Phulbani, for offences punishable under sections 20(b)(ii)(c)/25/29 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge -cum-Special Judge, Kandhamal, Phulbani, which was rejected on 13.10.2022.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 15.03.2020 and since there was delayed disposal of the trial, the petitioner was granted interim bail for a period of three months in BLAPL No.10809 of 2021 vide order dated 11.03.2022 and after availing the same, he surrendered at right time and till date, prosecution case is not closed and therefore, the application of the petitioner may be favourably considered.

Learned counsel for the State has no serious objection for grant of interim bail.

Perused the status report furnished by the learned trial Court dated 31.03.2023 from which it appears that after availing the interim bail period, the petitioner surrendered at right time and out of twenty three charge sheet witnesses, fourteen witnesses have been examined so far.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of the trial as per the status report furnished by the learned trial Court and the conduct of the of the petitioner in complying with the earlier interim bail order, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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