Mrutyunjaya Baghar @ Butu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2659 of 2022 Mrutyunjaya Baghar @ Butu ....
Petitioner Mr. S. Mishra, Advocate -versusState of Odisha ....
Opp. Party Mr. D.K. Pani, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
20.05.2022 02.
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 Phulbani Sadar P.S. Case No.77 of 2020 corresponding to C.T. Case No.42 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)/25/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Phulbani, which was rejected on 09.03.2022.
// 2 // Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 14.08.2020 and his earlier bail application in BLAPL No.7400 of 2020 was disposed as per dated 11.06.2021 and while rejecting the application for bail, the learned trial Court was directed to expedite the trial and if possible, to conclude the same within a period of six months from the date of framing of charge and liberty was granted to the petitioner to renew the prayer for bail, if the trial is not concluded within the aforesaid period.
Status report was called for from the learned Sessions Judge -cum- Special Judge, Phulbani and the learned trial Court submitted its report dated 10.05.2022 wherein it is mentioned that out of twenty six charge sheet witnesses, only five witnesses have been examined.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the slow progress of the trial, 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
// 3 // immediately on expiry of the three months period. For the above period, let the petitioner be 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 and with further conditions that while on interim bail, the petitioner shall not try to come in contact with the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and 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