Suna Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1267 of 2022 Suna Barik ....

Petitioner Mr.A.Pradhan, Advocate -versusState of Odisha .... Opp.Party Ms.S.Mishra, ASC

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

5.4.2022 Order No.

2.

1. Heard Mr.Pradhan, learned counsel for the Petitioner and Ms.Mishra, learned Additional Standing Counsel for the State.

2. This is an application under Section 439 Cr.P.C. and the offences alleged are under Sections 20(b)(ii)(C) of the N.D.P.S.Act for alleged possession of contraband ganja weighing 50Kg.980 Grams.

3. Upon hearing both parties, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the N.D.P.S. Act,

4. Accordingly, the prayer for bail is rejected.

5. It is submitted by the Petitioner that he is inside custody since 11th July, 2019 and trial has not yet completed despite the earlier order passed by this Court to complete the trial expeditiously. In the meantime, only 4 witnesses have been examined.

6. Thus considering long detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail in T.R.No.16 of 2019 arising out of Nandpur P.S.Case No.35 of 2019 by the learned Additional Sessions Judge-cum-Special Judge, Koraput for a period of three months from the date of his release on such terms and conditions as the learned Additional Sessions Judge-cum-Special Judge may deem fit and proper, including the conditions that the Petitioner shall furnish two sureties out of which one shall be his relative and that, the Petitioner shall not be involved in any other offence while on interim bail and shall attend the trial court on each date fixed.

7. It is made clear that the Petitioner shall surrender before the court below on or before 11th July, 2022, failing which the learned court below shall take all necessary steps including issuance of NBW of arrest to apprehend him.

8. The bail application is disposed of.

9. Urgent certified copy of this order be granted in course of the day.

( B.P. Routray) Judge C.R.Biswal