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Judgment
14 paragraphs · 407 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with Special G.R. Case No.106 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrokonda P.S. Case No.80 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 09.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 04.07.2022 on the allegation of being involved in the transportation of contraband (Ganja) to the tune of 120kgs 100 grams and on the ground of procrastination of trial, the Petitioner seeks release.
Taking note of the same, a report was called for from the learned Court in seisin and in such report dated 29.11.2023, it is stated that out of 20 charge sheeted witnesses, seven have already been examined by the prosecution and the case is likely to be disposed of by end of 2nd quarter, 2024 and the case is posted to this day (30.11.2023).
It is submitted by the learned counsel for the Petitioner that the Petitioner was initially released on interim bail by this Court by order dated 17.08.2023 in I.A. No.938 of 2023 and such interim bail having not been extended, the Petitioner has surrendered on 29.09.2023 which is evident from the surrender certificate which is on record.
Learned counsel for the State opposes the prayer for bail during currency of trial stating that the Petitioner being the sole accused, ought not to be released on bail at this stage.
Considering the report of the learned Court in seisin that the trial is likely to be concluded by the end of 2nd quarter, 2024, this Court is not inclined to entertain this bail application at this stage.
Learned Special Judge is requested to conclude the trial by the end of 2nd quarter, 2024, as stated.
In the event trial is not concluded within the time stipulated, liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin, which shall be considered on its own merit.
Registry is requested to communicate this order.
Accordingly, the BLAPL stands disposed of.
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