Sushanta Kumar Sahu Vs State Of Odisha

Savitri Ratho, J

This is the second application under Section 439 of Cr.P.C. in connection with Sarangada P.S. Case No.61 of 2017 corresponding to C.T. Case No.01 of 2017, pending in the Court of the learned Addl. District and Sessions Judge-cum-Special Judge, Balliguda, registered for commission of offences punishable under Section 20(b)(ii) (B) of the NDPS Act.

Perused the report dated 25.01.2024 of the learned Addl. District and Sessions Judge, Balliguda. It has been stated in the said report that chargesheet was submitted in this case on 13.07.2021 and cognizance of the offence under Section 20 (b) (ii) (B) of the N.D.P.S. Act was taken on the same day against the petitioner and the co-accused. Charge was framed against the petitioner and the co-accused - Krushna Chandra Samal and Akshaya Kumar Barala on 07.08.2018/2021. N.B.W. was issued against him on 15.10.2022 and he was arrested on 29.11.2023. Before issuance of warrant, 08 witnesses have been examined in the case and after his production in the Court on 29.11.2023, two more witnesses had been examined and nine witnesses remain to be examined including the complainant, I.O., Executive Magistrate and others and the case is posted to 08.02.2024 for further evidence.

Mr. Mahes Das, learned counsel for the petitioner submits that on 15.10.2022 due to communication gap with his counsel, the petitioner could not appear before the learned Court below for which N.B.W. was issued against him and before that he had appeared in Court on each date. He further submits that the petitioner was arrested on 17.10.2023 and produced in the Court of the learned Addl. District and Sessions Judge-cum-Special Court on 29.11.2023 and is in custody since then. The petitioner undertakes to appear in the Court on each date of trial for which his prayer for bail may be sympathetically considered.

Ms.S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail and submits that the petitioner had been arrested in this case on 16.10.2017 alongwith two other co-accused persons and his prayer for bail had been allowed by this Court on 28.11.2017 in BLAPL No.8261 of 2017. One of the conditions in the said bail order was that the petitioner shall not default in personal attendance of Court during trial on each date. As the petitioner has violated the condition imposed by this court while releasing him on bail, he does not deserve to be released on bail.

Considering the fact that the case is one under Section 20 (b) (ii) (B) of the NDPS Act and in the meanwhile out of 19 witnesses, 10 witnesses have already been examined and the petitioner undertakes to appear on each date fixed for trial, I am inclined to release the petitioner on bail, subject to stringent conditions.

The petitioner- Sushanta Kumar Sahu shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions:

(i) He shall deposit cash security of Rs.10,000/- before the learned court below.

(ii) The petitioner shall be released on bail after 08.02.2024 after examination of the witnesses.

(iii) After his release, he shall report before the Banki Police Station on every Sunday between 9.00 a.m. to 11.00 a.m. till conclusion of trial.

Violation of any condition will entail in cancellation/recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

A copy of this order be supplied to Ms.S.Mishra, learned Addl. Standing Counsel for onward transmission to the IIC, Sarangada Police Station and Banki Police Station..

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