Taslima Bibi Vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a) CC Case No. 23 of 2023 corresponding EI & EB, Unit-1, Cuttack P.R. Case No.472 of 2022-23 pending in the file of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 50 Kgs. of Contraband Ganja in a Toyota Innova Car along with co-accused persons.

In addition to the certificate furnished in the bail application for bail being refused to the petitioner in BLAPL No. 3251 of 2023, the petitioner by filing an affidavit stated to be sworn in by the brother-in-law of the petitioner submits that no bail application of the present petitioner is pending before any other Court. The affidavit be kept on record.

Heard, Mr. S. Harichandan, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. It appears from the record that the trial is yet to commence as per the report of the learned 2nd Additional Sessions Judge, Cuttack, but the petitioner is in custody since 07.02.2023. It is also submitted by filing a certificate issued by Rampurhat Municipality, Birbhum, West Bengal that the husband of the petitioner has expired in the meanwhile.

After having considered the rival submissions and on going through the material placed on record and taking into account the submission of death of the husband of the petitioner and regard being had to the pre-trial detention of the petitioner since 07.02.2023 and trial having not commenced in the meanwhile, this Court finds the petitioner to have made out a case for grant of bail to her. This Court, however, finds some force in the submission of the learned ASC that the petitioner being a resident of outside State, some stringent conditions are required to be imposed upon her for enlargement on bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Violation of any of the conditions would be construed as a misuse of concession granted to the petitioner today by this Court. It is made clear that the Court in seisin of the case, while releasing the petitioner on bail must verify the residential proof of the local sureties by taking the help of local police, if required and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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