Subash Kumar Swain vs State Of Odisha

V. Narasingh, J

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

2.The Petitioner is an accused in connection with T.R. Case No.346 of 2022, pending in the Court of learned 2nd Addl. District & Sessions Judge-cum-Special Judge, Bhubaneswar, arising out of Khandagiri P.S. Case No.458 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C)/29 of NDPS Act read with Section 25 of Arms Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Bhubaneswar by order dated 18.05.2024 in the aforementioned cases, the present BLAPL has been filed.

The allegation against the Petitioner is that he was found to be involved in the transportation of contraband (ganja) to the tune of 100 Kgs along with the co-accused.

This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was not entertained by order dated 31.10.2023 in BLAPL No.11702 of 2022 which was during the currency of investigation. Thereafter, the Petitioner moved this Court in BLAPL No.4400 of 2023 which was also rejected by order dated 21.03.2024.

It is submitted by the learned counsel for the Petitioner that in the meanwhile co-accused have been released on bail by this Court by order dated 24.04.2024 in BLAPL Nos.2720 & 2350 of 2024 and the co-accused were released inter alia on the ground of procrastination of trial. Hence, on the ground of parity, the Petitioner seeks release.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 submits that since prima facie case is well made out against the Petitioner which is also borne out from the evidence adduced so far, the Petitioner ought not to be released on bail.

It is on record that on the earlier occasion while dealing with the co-accused, this Court has taken note of the fact that the prosecution has cited 19 charge sheeted witnesses and from the impugned order of rejection by the learned Special Judge, it is seen that 4 witnesses have been examined.

It is further submitted at the Bar that the Petitioner is the first offender.

Taking into account the release of the co-accused on the ground of procrastination of trial which is also in equal measure applies to the Petitioner and that he is the first offender, this Court directs his release on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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