Rukadhar Gatan 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 counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Jeypore Sadar P.S. Case No. 193 of 2020 corresponding to T.R. Case No.75 of 2020 pending in the Court of learned Sessions Judge -cum-Special Judge, Jeypore for offences punishable under section 20(b)(ii)(C) of N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge -cum-Special Judge, Jeypore, which was rejected on 12.02.2022.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 28.09.2020 and earlier the petitioner was granted interim bail for a period of three months by this Court in BLAPL No.2653 of 2022 vide order dated 09.09.2022. He further submits that after availing the same, the petitioner surrendered at right time. He further submits that out of sixteen charge witnesses, only three witnesses have been examined and in view of delayed disposal of the trial and conduct of the petitioner in complying with the earlier order of interim bail, the petitioner may be granted interim bail for some further period.

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

Perused the status report submitted by the learned trial Court dated 28.03.2023 from which it appears that only three witnesses have been examined out of sixteen charge sheet witnesses.

Considering the submissions made by the learned counsel for the respective parties, period of detention of the petitioner in judicial custody, the stage of trial and taking into account the conduct 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 and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

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