Simanchal Patra vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Hinjili P.S. Case No.91 of 2020 corresponding to G.R. Case No.11 of 2020 (N) pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Chhatrapur, Ganjam, for offences punishable under sections 20(b)(ii)(C) of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Chhatrapur, Ganjam, which was rejected on 28.09.2022.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 17.03.2020 and he was granted interim bail for a period of three months in BLAPL No.1976 of 2022 vide order dated 13.05.2022 and after availing the same, he surrendered at right time and further submitted that even though, charge was framed on 13.09.2021 but till today, the prosecution case is yet to be closed and therefore, the petitioner may be granted interim bail for some period.

Learned counsel for the State opposed the prayer for bail.

Perused the status report furnished by the learned trial Court dated 31.03.2023 from which it appears that after availing the interim bail period, the petitioner surrendered at right time and out of twenty five charge sheet witnesses, fifteen witnesses have been examined so far and the prosecution witnesses are not appearing in spite of issuance of summons.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of the trial as per the status report furnished by the learned trial Court and the conduct of the of the petitioner in complying with the earlier interim bail order, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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