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Judgment
21 paragraphs · 349 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.59/04 of 2017-18 arising out of Ainthapali P.S. Case No.179 of
2017 pending in the Court of learned Sessions Judge -cum- Special Judge, Sambalpur for alleged commission of offences punishable under sections
20(b)(ii)(C)/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Sambalpur which was rejected on 18.01.2021.
Learned counsel for the petitioner submitted that last time the bail application of the petitioner in in BLAPL No. 1848 of 2020 was disposed of as per
the order dated 21.10.2020 and while rejecting the bail application of the petitioner on merit, he was directed to be released on interim bail for a period
of two months from the date of release and he was to surrender before the learned trial Court immediately on expiry of the two months period. The
petitioner has availed interim bail and in the meantime, only two witnesses have been examined.
Since there was earlier direction that after examination of the material witnesses, the petitioner would be at liberty to renew his prayer for bail and that
stage has not come, I am not inclined to reconsider the prayer for bail on merit.
Accordingly, the BLAPL stands dismissed.
The petitioner is at liberty to renew his prayer for bail after examination of material witnesses.
The learned trial Court shall take expedite steps for examination of the material witnesses.
A copy of this order be communicated to the learned trial Court for compliance.
As the restrictions due to resurgence of COVID- 19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798 dated 15th April 2021.
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