Rohtash Kumar vs State Of Odisha

D.Dash, J

The matter is taken up through hybrid arrangement (virtual/ physical) mode.

This is the successive journey of the Petitioner, who is in custody in connection with Machhakund P.S. Case No.81 of 2020 corresponding to Special T.R. Case No.51 of 2020 pending in the Court of the learned Sessions Judge-cum-Special Judge, Machhakund, Malkangiri running for the alleged commission of offence under 20(b)(ii)(C) of the NDPS Act, in filling this application under Section 439 Cr.P.C. for his release on bail in the above mentioned case.

Learned counsel for the Petitioner submits that this Petitioner, being arrested in the case on 28.08.2020 which now concerns with the seizure of commercial quantity of Ganja, as yet save and except the framing of the charge, no other progress in the trial has been made. He, however, fairly apprises this Court that although one co-accused, who have been granted interim bail by this Court is not appearing, yet that should not be taken as an impediment to stand on the way of reconsideration of the prayer for grant of bail to the Petitioner who has absolutely no intention to avoid the process of the Court and is ready to willing to abide by any such conditions as would be imposed on him of his release on bail. He further submits that this Petitioner having remained in custody for such a long time, his family members are suffering a lot as they all depend upon the Petitioner. In view of all these above, when there arises no scope for tampering the evidence, he urges for reconsideration of the prayer for grant of bail to the Petitioner as according to him, at present the bar contained under section 37 of the NDPS Act does no more stand to operate.

Learned counsel for the State opposes the move in view of the quantity of contraband involved in the case. According to him, this Petitioner being a resident of the State of Haryana, once he is released on bail, he would be definitely adopting the same tactics as adopted by the other and ultimately, it may so happen that the conclusion of the trial, would stand as a distant dream. He, however, does not dispute that from the time of registration of the case, except framing of the charge, no further progress has yet been taken.

Considering the submissions made and on going through the materials as placed; further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody and the tardy progress of the trial, this Court, for the present, is inclined to grant interim bail to the Petitioner for a period of 12 weeks with effect from the date of his of actual release from custody on such terms and conditions as the learned Court in seisin of the case deems just and proper with further conditions that he will appear before the Trial Court in person during the period on the date fixed; will furnish his address along with the contact mobile number by way of affidavit; will appear before the Inspector-in-Charge of Jalmana P.S., Dist-Karnal, in the State of Haryana on every Monday in between 10 a.m. to 2 p.m. during that period; and will surrender before the Court in seisin of the case after expiry of the period of interim bail without fail.

List this matter on 22.06.2023.

Issue urgent certified copy of this order as per rules.

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