Narayan Das vs State Of Odisha

S.K. Sahoo, J

I.A. No.625 of 2021

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

This is an application under Section 389 of Cr.P.C. for grant of bail.

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

The appellant-petitioner has been convicted under sections 419/170/34 of the Indian Penal Code read with section 29 of the NDPS Act and sentenced

to undergo R.I. for a period of five years and to pay a fine of Rs. 25,000/-(rupees twenty five thousand), in default, to undergo further R.I. for period

of one year for the offence under section 29 of the NDPS Act, R.I. for three years for the offence under section 419 of the Indian Penal Code and

R.I. for two years for the offence under section 170 of the Indian Penal Code and all the substantive sentences were directed to run concurrently by

the learned Sessions Judge -cum- Special Judge, Malkangiri in T.R. Case No.79 of 2018.

Perused the impugned judgment.

Learned counsel for the appellant submitted that the petitioner was on bail during trial and he has never misutilised his liberty and there is no chance of

early hearing of the appeal in near future and the balance of convenience is in his favour. He further submitted that there is no clinching evidence on

record to make out a case under section 29 of the NDPS Act and there is also not bar for such offence under section 37 of the NDPS Act for grant

of bail and therefore, the bail application may be favourably considered. He further placed the evidence of the witnesses.

Learned counsel for the State placed the evidence of the Investigating Officer (P.W.16) and also the accused statement.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial and the fact

that the appellant was on bail during trial and absence of any clinching material on record to show that he has misutilised his liberty and absence of any

chance of early hearing of the appeal in the near future, I am inclined to release the appellant-petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal 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 trial Court.

The I.A. is disposed of.

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

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