Debaraj Badi vs State Of Orissa

 S.K. Sahoo, J

I.A. NO. 793 OF 2020

This matter is taken up by video conferencing mode. Heard learned counsel for the appellant and learned counsel for the State.

This is an application for grant of bail.

The appellant-petitioner has been convicted under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years and to pay a

fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for one year for the offence punishable under section 20(b)(ii)(C) of the

N.D.P.S. Act by the learned Sessions Judge -cum- Judge, Special Court, Deogarh in T.R. Case No.47 of 2013.

Perused the impugned judgment.

Mr. A.K. Sahoo, learned counsel for the appellant submits that the appellant is in judicial custody since 28.09.2013 and therefore, out of ten years of

substantive sentence imposed by the learned trial Court on him, he has already undergone more than seven and half years of substantive sentence and

there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour. It is further submitted that the

appellant was granted interim bail for some period in I.A. No.67 of 2020 as per order dated 16.012020 on the ground of performing the obsequies

ceremony of his mother and after availing the interim bail period, he has surrendered at right time and to that effect, the learned trial Court has

submitted its report dated 26.02.202. Admittedly, paper books have not yet been prepared in the case.

Considering the substantive sentence imposed by the learned trial Court, the period already undergone by the appellant and the conduct of the

appellant in complying with the order of the interim bail passed by this Court, while not inclining to release the petitioner on bail on merit, I am inclined

to release the appellant on interim bail for a period of four months from the date of release and the appellant shall surrender before the learned trial

Court immediately on the expiry of the said period.

For the above period, let the appellant be released on interim bail to the satisfaction of the learned trial Court in connection with T.R. Case No.47 of

2013 of the file of learned Sessions Judge -cum- Judge, Special Court, Deogarh 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.

The I.A. is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

Learned counsel for the appellant shall produce the surrender certificate of the appellant immediately after the appellant surrenders as per the order

passed today.