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Sumanta Majhi vs State Of Odisha

Orissa High Court · Decided on 11 October 2023 · Citation: (2023) 10 OHC CK 0057

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 468, 471 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 25, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4587 Of 2023
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Judgment

7 paragraphs · 232 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 26.05.2021 in connection with Adava P.S. Case No.60 of 2021 corresponding to G.R. Case No.69 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Paralakhemundi, Gajapati for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act and Sections 468/471 of IPC.

4.

It is alleged that the petitioner is a laborer, who was engaged in loading contraband ganja in the vehicle when there was a raid by police. It is submitted that despite being in custody for more than two years trial has not commenced as yet.

5.

Having regard to the quantity of contraband seized, I am not inclined to grant regular bail to the petitioner. However, considering the fact that the petitioner has been in detention for more than two years and trial has not commenced, the bail application is disposed of directing the Court below to release the petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as he may deem fit and proper to impose including the condition that the petitioner shall personally appear the trial Court on each date of posting of the case..

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