Goutam Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2547 OF 2021 Goutam Mahanta .........

Petitioner Mr. N.R.Sahoo, Adv.

-versusState of Odisha ............

Opposite Party Mr.S.S.Pradhan, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

22.06.2022 Order No.

10.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The Petitioner is an accused in connection with T.R. Case No.42 of 2020 arising out of Kalimela P.S. Case No. 31 of 2020 on the file of learned Sessions Judge-cum-Special Judge, Malkangiri registered for the alleged commission of offence under Sections 20(b)(ii)(C)/25&29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 15.03.2021, the present BLAPL has been filed 5.

Since the petitioner is stated to be in custody from 3.3.2020 and taking note of the submissions across the Bar that trial has not commenced and keeping in view the judgment of the Apex Court in the case of Hussainara Khatoon and others Vrs. State of Bihar,

reported in (1980) 1 SCC 8, this Court directs that the petitioner shall be released on bail. The terms shall be fixed by the learned court in seisin over the matter.

06.

Accordingly, the BLAPL stands disposed of.

07.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal