Sampati Patra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1813 of 2022 Sampati Patra ....
Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....
Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
25.03.2022 01.
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 for bail under section 439 of Cr.P.C. in connection with Phiringia P.S. Case No.24 of 2020 corresponding to C.T. No.19 of 2020 pending in the Court of learned Sessions Judge -cum- Special Judge, Phulbani for alleged commission of offences under sections 20(b)(ii)(C), 25 and 29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned learned Special Judge, Phulbani, which was rejected on 18.02.2022.
// 2 // Learned counsel for the petitioner submits that the petitioner is in judicial custody since 16.03.2020 and his last bail application in BLAPL No.2406 of 2021 was disposed of on 06.08.2021 and while rejecting the bail application, this Court directed the learned trial Court to expedite the trial and if possible, to complete the same within a period of six months from the date of receipt of a copy of the order and the petitioner was given liberty to renew his prayer for bail, if the trial is not concluded within the said period. Learned counsel for the petitioner submitted that there is no progress in the trial and in the meantime, the co-accused Ranjan Kumar Dehury has been released on interim bail for a period of three months by this Court in BLAPL No.10809 of 2021 as per order dated 11.03.2022.
Considering the submissions made by the learned counsel for the respective parties, the slow progress of trial, the release of the co-accused on interim bail and the period of detention of the petitioner in judicial custody, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. 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
// 3 // 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 as the learned Court may deem just and proper including the following conditions:
(i) While on interim bail, the petitioner shall not try to come in contact with the prosecution witnesses or tamper with the evidence;
(ii) He shall not indulge in any criminal activities; (iii) He shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period;
Violation of any of the terms and conditions shall entail cancellation of interim bail.
Accordingly, the BLAPL is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM