Pedra Lima v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3389 of 2022 Pedra Lima ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

01.11.2022 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 under section 439 of Cr.P.C. in connection with 2(a) CC Case No.01 of 2020 arising out of P.R. Case No.197 of 2019-20 pending in the Court of learned 2nd Additional Sessions Judge, Cuttack for offences punishable under section 20(b)(ii)(C) of the N.D.P.S. Act Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 09.02.2020 and when he approached this Court last time for bail in BLAPL

// 2 // No.1968 of 2021, the same was rejected as per order dated 22.12.2021 and the learned trial Court was directed to expedite the trial and conclude 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 the prayer for bail, if the trial is not concluded within the aforesaid period.

Status report submitted by the learned trial Court dated 30.09.2022 indicates that only two witnesses have been examined and the examination of the Investigating Officer is continuing.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of the trial so far as per the status report, I am inclined to release the petitioner on interim bail for a period of one month from the date of release and 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 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 subject to conditions that while on interim bail,

// 3 // the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date to which the case would be posted for trial.

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 P