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Sk. Sahid @ Sohid vs State Of Odisha

Orissa High Court · Decided on 14 December 2023 · Citation: (2023) 12 OHC CK 0068

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b), 21(b)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 10222 Of 2023
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Judgment

14 paragraphs · 379 words

Savitri Ratho, J

1.

This application under Section 439 of Cr.P.C. has been filed in connection with Cuttack Sadar Excise P.R. Case No.154 of 2016-17 corresponding to 2 (a) C.C. Case No.31 of 2016, pending in the file of the learned 2nd Addl. District Judge, Cuttack under Section 20(b) of the NDPS Act.

2.

The prayer for bail of the petitioner had been rejected by order dated 23.08.2023 passed by the learned 2nd Addl. Sessions Judge, Cuttack.

3.

Mr. R.R.Mishra, learned counsel for the petitioner submits that the petitioner had been granted bail by this Court by order dated

17.

05.2017 passed in BLAPL No.912 of 2017 and was appearing in Court on all dates till 27.06.2022 and charge has been framed in this case. On 01.02.2023 when the case was posted, the petitioner could not appear for which N.B.W. has been issued against him. Pursuant to execution of NBW, the petitioner was in custody since 16.10.2023.

4.

On 17.11.2023 and 30.11.2023, the learned Addl. Government Advocate had been directed to obtain instruction regarding the criminal antecedents of the petitioner and specific instruction if he had been involved in any other case after his release on bail on 15.05.2017.

5.

Mr. B.K.Ragada, learned Addl. Government Advocate on instruction received from the IIC of Excise, E.I and E.B. Unit-II, Cuttack submits that after the petitioner was released on bail, he is involved in Sahadevkhunta P.S. Case No.10 of 2020 under Section 21(b) of the NDPS Act. The said instruction is taken on record.

6.

Mr. R.R.Mishra, learned counsel for the petitioner submits that out of three chargesheeted witnesses, one has already been examined.

7.

Since trial has already started in the case, I am not inclined to release the petitioner on bail as it may delay conclusion of the trial.

8.

The BLAPL is dismissed requesting the learned trial Court to complete the trial within a period of eight weeks, if there is no other legal impediment.

9.

It is open for the petitioner to move the learned Court below for bail afresh in case there is delay in conclusion of trial.

10.

Urgent certified copy of this order be granted as per rules.

11.

Copy of this order be sent to the learned 2nd Addl. District Judge, Cuttack.

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