Sailendra Patel @ Sailendar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3449 of 2022 Sailendra Patel @ Sailendar ....
Petitioner Mr.Julu Khansama, Advocate -versusState of Odisha ....
Opposite Party Mr. M.K. Mohanty, ASC for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
16.05.2022 Order No.
01.
1.
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2.
This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with GRP Sambalpur P.S. Case No.21 of 2022, corresponding to T.R. Case No.11 of 2022, pending in the file of learned Sessions Judge-cum-Judge (Special Court), Sambalpur, for commission of alleged offences under Sections 20(b)(ii)C of N.D.P.S. Act.
3.
Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.
4.
Learned counsel for the Petitioner submits that the Petitioner is in custody since 13.3.2022. It is further submitted that Petitioner has no criminal antecedents of similar nature and he has been falsely in the present case. He also submits that as per the FIR allegation, a quantity of 7.7 kgs. of contraband
// 2 // Ganja has been seized from the possession of the Petitioner out of 39.900 grams, which is less than commercial quantity, therefore, Section 37 of the N.D.P.S. Act is not attracted to the case of the Petitioner. The further submission is that since Petitioner is a resident of local area, there is no chance of evading the trial of the case. It is also submitted that Petitioner shall abide by the terms and conditions as fixed by this Hon'ble Court in the event of release on bail.
5.
Learned counsel for the State vehemently opposes the bail application of the Petitioner on the ground that the case of illegal trafficking of contraband article is increasing rapidly in the State of Odisha. Therefore, no leniency should be shown to the accused person involving in such matters. Accordingly, he prays for rejection of the bail application of the Petitioner. 6.
Having heard learned counsel for the parties and considering the custodial detention of the Petitioner and the peculiar facts and circumstances of the case, this Court is inclined to release the Petitioner on bail subject to stringent conditions. Let the Petitioner be released on bail subject to furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with two solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions :
i) He shall not indulge in similar nature of offence; ii) He shall appear before the trial court on each and every date and shall cooperate for early conclusion of trial;
// 3 // iii) He shall not tamper with the prosecution evidence and shall not make any attempt to influence or threaten the witnesses;
iv) He shall provide his address as well as his phone number to the concerned Police Station and keep the same updated in the event the same is changed in future; v) He shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 to 1 P.M. till conclusion of trial.
vi) He shall not leave the jurisdiction of the court without prior permission of the trial court;
vii) Violation of any of the terms and conditions shall entail cancellation of bail.
7.
It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents of similar nature. In the event it is found that the Petitioner has any criminal antecedent of similar nature, this order shall automatically stand revoked.
8.
With the aforesaid observation the BLAPL stands disposed of.
9.
Urgent certified copy of this order be granted on proper application.
(A.K. Mohapatra) Judge U.K.Sahoo