Saira Mondal vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with 2(a)CC No.59 of 2022, pending before the Court of the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R. No.224/2022-23, for alleged commission of offences under Sections-20(b)(ii)(C) of the NDPS Act.

Learned senior counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 22.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 22.08.2022 on the accusation of possession of contraband (ganja) to the tune of 72 kg.

Since the Petitioner sought release on account of procrastination of trial, a report was called for from the learned Court in seisin. The said status report is extracted hereunder:

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Respectfully, with reference to the subject and order passed by the Hon'ble High Court of Orissa as cited above, I am to submit that the case record was received on transfer from the Court of Sessions Judge-cum-Special Judge, Cuttack on 26.09.2023 and charge was framed against two accused persons namely Karua Dom and Saira Mondal on 05.10.2023 for the offence u/s 20(b)(u) (C) of NDPS Act. Since after framing of charge summons have been issued to all the four PR witnesses, but none of them has been turned up to adduce evidence on the date fixed i.e. 09.11.2023. Now the case stands posted to 18.12.2023 for evidence and summons are issued against all the witnesses.

In the aforesaid facts and circumstances, it is my humble request that the status report of the present case may kindly be placed before the Hon'ble Court for kind perusal and reference in BLAPL No. 9708 of 2023.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section-37(1)(b)(ii) of the NDPS Act and submits that the Petitioner ought not to be released on bail as he is a flight risk.

Considering that the Petitioner is in custody for more than a year and the case has not progressed beyond the stage of framing of charge, taking into account that the Petitioner is a lady and keeping in view the dictum of the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC online SC 1109 and the judgment of the Apex Court in the case of Hussainara Khatoon & others vrs. State of Bihar, reported in (1980) 1 SCC 81, wherein the right to speedy trial has been treated as a facet of Article 21 of the Constitution, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner during trial, since he does not belong to the State of Odisha, it is further directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedents from P.S.-Chakdaha, Dist.- Nadia, State-West Bengal shall also be called for.

If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the rules.

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