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High CourtsSingle Bench(2022) 03 OHC CK 0116

Pintu Pradhan vs State of Odisha

Orissa High Court · Decided on 21 March 2022

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Bail Application Nos. 11265, 11266 Of 2021

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Judgment

11 paragraphs · 342 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of contraband ganja weighing 100 kg. 300 grams.

2.

Heard Mr. A.K. Mohanty, learned counsel for the Petitioner as well as Ms. S. Mishra, learned A.S.C. for the State-Opposite Party.

3.

It is submitted by learned counsel for the Petitioner that the Petitioner is inside custody since 4.5.2019 and the trial is not yet completed despite earlier direction of this Court was for early completion of the same.

4.

After hearing learned A.S.C. for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

5.

Perusal of the report dated 4.3.2022 of the learned Sessions Judge, Kandhamal, Phulbani reveals that after examination of 16 witnesses for the prosecution, 4 more witnesses have been summoned on the prayer of the prosecutor made under Section 311, Cr.P.C., who are yet to turn up for examination.

6.

Thus considering the long period of detention of the Petitioner inside custody and slow progress of trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release in connection with Phiringia P.S. Case No.43/2019 corresponding to C.T. Case No.22/2019 on such terms and conditions to be fixed by the learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

7.

It is made clear that the Petitioner shall surrender in the trial court on or before 27th June, 2022, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

8.

The BLAPL is disposed of.

9.

An urgent certified copy of this order be granted on proper application.

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