Ranjit Kumar Digal vs State Of Odisha

V. Narasingh, J

Since both the matters arise out of 2(a)CC Case No.69 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack corresponding to Cuttack P.R. Case No.03 of 2023-24 for commission of the alleged offence under Section 20(b)Iii)(C) of the N.D.P.S. Act, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned counsel for the Petitioners and learned counsel for the State.

Learned counsel, on instruction, submit that except the present BLAPLs, no other bail applications of the Petitioners relating to the aforementioned case are pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned 1st Addl. Sessions Judge, Cuttack by order dated 20.03.2024 in the aforementioned cases, the present bail applications have been filed.

This is the third journey of the Petitioners to this Court.

It is submitted by the learned counsel that the Petitioners are in custody since 3.4.2023 on the accusation of transportation of contraband to the tune of 100 Kg. ganja. The Petitioners seek release primarily on the ground of procrastination of trial.

It is stated by the learned counsel on instruction that the Petitioners are the first offenders.

Learned counsel for the State taking into account the quantity of contraband and that one of the Petitioners, namely, Indu Tiwari in BLAPL No.5499 of 2024 is a flight risk and relying on the judgment of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 opposes the prayer for bail.

To fortify their submissions for release on account of procrastination of trial, learned counsel for the Petitioners relies on the judgment of the Apex Court in the case of Rabi Prakash vrs. The State of Odisha, 2023 SCC Online SC 1109 and Mohd. Muslim @ Hussain Vrs. State (NCT of Delhi), AIR 2023 SC 1648.

To test the veracity of the assertion regarding non-progress of trial, a status report was called for from the learned Court in seisin. The report dated 6.7.2024 reads as under:

“xxx xxx xxx

With reference to the subject and letter cited above, respectfully, I am to submit that in this case, the final P.R. was received against three accused persons namely Bhisma Behera, Ranjit Kumar Digal & Indu Tiwari for commission of the offence under Sections 20(b)(ii)(C) of the NDPS Act. However, this case record was received on transfer from the Court of learned Sessions Judge-cum-Spl. Judge, Cuttack on 13.03.2024. The charge has not yet been framed due to several adjournments taken by the learned counsel for the accused Bhisma Behera. It is pertinent to mention here that counsel for both the accused Bhisma Behera and Ranjit Kumar Digal is same. Besides, on last occasion i.e. on 04.07.2024, the accused Bhisma Behera also remained absent and his counsel filed an adjournment petition on the ground of serious illness of the son of accused Bhisma Behera, for which time was granted as last chance. Now the case stands posted to 29.07.2024 for framing of charge.

xxx xxx xxx”

On a bare perusal of the report, it can be seen that though the Petitioners are in custody since 3.4.2023 i.e. for more than a year and three months, even charge in the case at hand has not been framed.

It is apt to note here that one of the co-accused Bhisma Behera was released on default bail as is known in common parlance by judgment of this Court dated 7.2.2024 in BLAPL No.13079 of 2023.

Considering non-progress in trial and that the Petitioners are the first offenders and keeping in view their sacred right for speedy trial, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.

Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner in BLAPL No.3681 of 2024 has any criminal antecedent and obtain criminal antecedent from the parent police station of the Petitioner (Indu Tiari) in BLAPL No.5499 of 2024. If it comes to fore that the Petitioners have any criminal antecedents, this order shall not be given effect to.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin and one of the family members of the Petitioner in BLAPL No.5499 of 2024 shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin.

Accordingly, both the bail applications stand disposed of.

Urgent certified copy of this order be granted as per rule.

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