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Shyam Khara vs State Of Odisha

Orissa High Court · Decided on 17 August 2023 · Citation: (2023) 08 OHC CK 0090

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 867 Of 2023
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Judgment

15 paragraphs · 362 words

V. Narasingh, J

I.A. NO. 938 OF 2023

1.

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

2.

The petitioner is an accused in connection with Special G.R. Case No. 106 of 2022, pending before the Court of the learned Sessions Judge-Cum-Special Judge, Malkangiri, arising out of Chitrokonda P.S. Case No. 80 of 2022 for alleged commission of offences under Sections 20(b)(ii)(C) of the NDPS Act.

3.

It is submitted by the learned counsel that on 11.08.2023, mother of the Petitioner passed away and an affidavit in this regard has been filed. Hence, he may be released on interim bail to perform the obsequies.

4.

Learned counsel for the State opposes the prayer for interim bail, inter alia, on the ground that the Petitioner is in custody for the offences cited above. Hence, he ought not to be released since the trial has already commenced, he is the sole accused and the contraband involved is about 119 Kg.

5.

Learned counsel for the Petitioner assures this Court that the petitioner shall not jump bail in the event he is released on interim bail.

6.

Considering the nature of the prayer, in the backdrop of passing away of the mother of the Petitioner, this Court on humanitarian grounds, directs the Petitioner to be released on interim bail for a period of four weeks from the date of release. Learned Court in seisin shall fix the terms.

7.

Additionally, it is directed that during currency of the interim bail period, the Petitioner shall appear before the jurisdictional police station once a week on such date and time to be fixed by the learned Court in seisin, and shall attend the trial on the date fixed.

8.

It is further directed that one of the members of the family shall execute a P.R. bond in addition to the sureties so fixed by the learned Court in seisin.

9.

It is made clear that on expiry of the interim bail period, the Petitioner shall surrender.

10.

I.A is accordingly disposed of.

11.

List the BLAPL on 26.09.2023.

12.

Urgent certified copy of this order be granted in course of the day.

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