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Judgment
12 paragraphs · 437 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioners are accused in 2(a)CC Case No.51 of 2023 corresponding to PR Case No.151 of 2023-24 for the offence under Section under Section 20(b)(ii) B of the N.D.P.S. Act pending in the Court of the Sessions Judge-cum-Special Judge, Jharsuguda.
The allegation against the petitioners is that on 17.12.2023, morning at about 11.15 AM, the OIC, Jharsuguda Excise Station while performing patrolling duty at Jharsuguda Railway Station area received information relating to transportation of contraband articles. The OIC conducted search and seizure by following due process and recovered 4 kgs. 100 gms. of contraband ganja from the possession of the accused persons.
The petitioners had approached the learned Sessions Judge-cum-Special Judge, Jharsuguda praying for grant of bail. The learned Court below vide its order dated 19.12.2023 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioners submits that the plea of grant of bail of the petitioners is not pending before any other Court except the present one.
Taking into consideration the period of custody from 17.12.2023, the nature of accusation and the quantity of contraband seized being less than the commercial quantity, I am inclined to admit the petitioners on bail.
Hence, the petitioners be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that they shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioners.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioners during trial because they belong to a different State, additionally it is directed that one of the family members of the petitioners shall execute P.R. Bonds in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedents of the petitioners from Bhatiagarh Police Station, District- Damoh in the State of Madhya Pradesh. If it comes to the fore that the petitioners have any criminal antecedents, the Court below shall take into consideration the same while imposing condition.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.
The BLAPL is accordingly disposed of.
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