Tame Digal vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The Petitioner is in custody since 1st February, 2022 in connection with Balliguda P.S. Case No.42 of 2022 corresponding to C.T. Case No.09/2022 pending in the court of learned Special Judge-cum-Addl. District and Sessions Judge, Balliguda for the alleged commission of the offence under Sections 20(b)(ii)(c)/29 of N.D.P.S. Act.

The Petitioner’s application for bail was earlier rejected by this Court on 22nd September, 2022 in BLAPL No.1520/2022. The present bail application has been filed on the ground of slow progress of trial. It is submitted that only five witnesses out of 22 charge sheeted witnesses have been examined so far. Out of such 5 witnesses, two independent witnesses were examined. Both of whom turned hostile.

Considering the submissions as above and taking note of the period of detention of the Petitioner in custody, I am inclined to take a lenient view in the matter. The bail application is disposed of by directing the Court below to release the Petitioner on interim bail for a period of three months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him. The Court below is also directed to expedite the trial.

After expiry of the aforesaid period of three months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

The BLAPL is disposed of.

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

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