Rajendra Khora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2958 of 2021 Rajendra Khora ....

Petitioner Mr. Amulya Ratna Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A.K. Nanda, Additional Government Advocate

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

13.7.2022 Order No.

06.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. A.R. Panda, learned counsel for the Petitioner and Mr. A.K. Nanda, learned Additional Government Advocate. 3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Rajendra Khora in connection with Boipariguda P.S. Case No.170 of 2019, corresponding to T.R. Case No.74 of 2019 pending in the court of learned Sessions Judge-cum-Special Judge, Koraput for alleged commission of offence under Section 20(b)(ii)(C) of the N.D.P.S. Act for alleged possession of 606 Kg. ganja. 4.

It is submitted on behalf of the Petitioner that though he is inside custody since 29th November, 2019, still the trial is pending completion.

5.

Upon hearing Mr. Nanda, learned Additional Government Advocate for State and keeping in view the total quantity of contraband and the embargo contained under Section 37(1)(b) of the

NDPS Act, I am not inclined to release the Petitioner on bail. Accordingly, his prayer for bail is rejected. 6.

However, considering the long detention of the Petitioner inside custody and slow progress of trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the conditions that the Petitioner shall furnish two sureties (with proper identity proof) out of whom one shall be his relative and that, he shall not be involved in any other offence while on bail. 7.

It is made clear that the Petitioner shall surrender on or before 17th October, 2022, failing which learned court below shall take all appropriate steps including issuance of NBW of Arrest to apprehend the Petitioner.

8.

The BLAPL is accordingly disposed of.

9.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda