Sankar Naik Vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is the third bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Boinda Excise P.R. No. 215 of 2023 corresponding to SPL. [NDPS] Case No.05 of 2023 pending before the file of learned Addl. Sessions Judge, Athmallik for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 48Kgs of Contraband Ganja in a Maruti Alto Car along with other co-accused persons.

Mrs. Swayamprava Dash, learned counsel for the Petitioner by filing an affidavit stated to be sworn in by brother of the petitioner submits that she is also personally acquainted with the facts of the case and no bail application of the Petitioner is pending before any other Court and this is the third bail application of the Petitioner. The affidavit be taken on record.

Heard, Mrs. Swayamprava Dash, learned counsel for the Petitioner and Mrs. S.R.Sahoo, learned ASC in the matter and perused the record. It is brought to the notice of the Court that only 2 out of 4 witnesses have been examined till today and therefore, some more time would be required for conclusion of trial.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the pre trial detention of the Petitioner since 03.03.2023 and examination of only 2 out of 4 witnesses having done without any indication of trial being concluded in near future and thereby, the rigors of Section 37 of NDPS Act being diluted keeping in view the release of co-accused Sujit Thapa on bail in BLAPL No. 13115 of 2023, this Court admits the Petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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