Bibhisan Dora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2831 of 2022 Bibhisan Dora ....

Petitioner Mr. R.L. Pattnaik, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 11.07.2021 in connection with Okrel P.S. Case No.123 of 2021 corresponding to Special G.R. No.63 of 2021 pending in the Court of learned Sessions Judge-cumSpecial Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

It is alleged that the petitioner and another person were apprehended while transporting ganja. As per the seizure list enclosed to the bail application, total quantity of 32 kg of 200 grams including the weight of the container was seized from the possession of the petitioner. It appears that after completion of investigation, charge sheet has already been submitted in the case. Further, trial is yet to begin.

5.

Considering the above fact and taking into account the period of detention of the petitioner in custody, without commencement of trial, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the

condition that he shall personally appear before the trial Court on each date of posting of the case without fail. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana