Surendra Sabhasundar vs State Of Odisha

V. Narasingh, J

Since both the matters arise out of Muniguda P.S. Case No.192 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

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

The Petitioners are accused in connection with T.R. No.98 of 2022, pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, arising out of Muniguda P.S. Case No.192 of 2022 for alleged commission of offence under Sections20(b)(ii)(C)/29 of the N.D.P.S Act.

Being aggrieved by the rejection of their applications for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Gunupur by order dated 24.03.2023 in the aforementioned cases, the present bail applications have been filed.

It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 14.09.2022 on the accusation of transportation of contraband (ganja) to the tune of 131 Kg.

It is further submitted that since charge sheet has been filed on 9.3.2023 and the trial is lingering, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act and submits that there are no mitigating circumstances.

Taking into account that the trial is lingering, this Court called for a report from the learned Court in seisin. Relevant portion of the letter dated 28.11.2023 is extracted hereunder:

“xxx xxx xxx

Charge for the offence punishable under Section 20(b)(ii)(C)/29 of the NDPS Act against accused persons Surendra Sabhasundar, Karan Palka and Surendra Mali was framed on 17.08.2023. Out of 17 numbers of witnesses cited in the charge shet, 01 witness has been examined so far and 01 witnesses has been declined to be examined by the prosecution. The case is now posted to 05.12.2023 for trial.

The trial is delayed due to non appearance of the prosecution witnesses. The trial is likely to be concluded within a period of six months.

xxx xxx xxx”

Taking note of the same, this Court requests the learned Court in seisin to conclude the trial within a period of six months hence. In the event the trial is not concluded within the time stipulated, liberty is given to the Petitioner to renew their prayer.

Learned counsel for the State shall ensure the presence of the official witnesses on the date fixed.

The bail applications stand disposed of.

Registry is requested to do the needful.

Free copy of this order be made to the learned counsel for the State for compliance.

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