Uttam Das @ Utaam Dash vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Malkangiri Excise Range P.R. Case No.05 of 2019-20 corresponding to T.R. Case No.75 of 2019 pending in the Court of learned Sessions Judge - cum- Special Judge, Malkangiri for offences punishable under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge -cum-Special Judge, Malkangiri, which was rejected on 17.06.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.06.2019 and when he approached this Court for bail for the first time in BLAPL No.4778 of 2020, the same was rejected vide order dated 20.01.2021 however taking into account the period of detention of the petitioner in judicial custody, the learned trial Court was directed to expedite the trial and conclude the same within a period of six months. Learned counsel further submitted that by now, only four witnesses have been examined out of six charge sheeted witnesses and the last witness i.e. P.W.4 was examined on 04.08.2021. Learned counsel further submitted that petitioner is a local man and there is no chance of absconding and therefore, the bail application of the petitioner may be favourably reconsidered. Learned counsel has filed the certified copy of the order sheet of the learned trial Court and so also the deposition copies of some witnesses, which are taken on record.

Learned counsel for the State has no serious objection for grant of interim bail to the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the commercial quantity of ganja seized and in view of the bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail on merit, but keeping in view the slow progress of the trial and since the earlier order of this Court has not been complied with and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

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