Saroj Patra vs State Of Odisha

G. Satapathy, J

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

This is the second bail application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a) CC(NDPS) Case No.09 of 2023 arising out of P.R. No. 183/2023-24 of Dolipur Excise Station pending in the file of learned Additional Sessions Judge-cum-Special Judge, Jajpur Road, for commission of offences punishable under Sections 21(b) of NDPS Act, on the allegation of possessing 25 grams of Heroine.

None appears for the petitioner at the time of call. Heard Mr.S.N.Nayak, learned ASC in the matter and perused the record. It is found from the record that charge has already been framed in this case and the petitioner has renewed his prayer for bail after consideration of charge as permitted by this Court.

In view of the aforesaid facts and taking into consideration the pre-trial detention of the petitioner in custody and regard being had to the framing of charge in this case and there being no requirement of satisfaction of conditions U/S. 37 of NDPS Act, since the quantity of contraband article is not coming under commercial quantity and this Court, therefore, by taking into consideration the above facts and without expressing any opinion on merits of the case, grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two 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 Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of 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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