Gouri Sankar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4029 of 2022 Gouri Sankar Swain ....

Petitioner Mr. B.S. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.09.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned Addl. Standing counsel for the State. This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bhanjanagar P.S. Case No. 605 of 2020 corresponding to G.R. No. 40 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Bhanjanagar for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge - cum- Special Judge, Bhanjanagar, which was rejected

// 2 // on 26.04.2022.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 22.11.2020 and his earlier bail application in BLAPL No. 1071 of 2021 was rejected as per order dated 21.09.2021 and direction was given to the learned trial Court to conclude the trial within a period of six months from the date of receipt of a copy of the order. Learned counsel further submitted that till date, no witness has been examined and therefore, in view of inordinate delay in disposal of the trial, the bail application of the petitioner may be favourably reconsidered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Status report dated 20.08.2022 of the learned trial Court indicates that charge was framed on 17.08.2022 and there are thirty two charge sheet witnesses.

Considering the submissions made by the learned counsel for the respective parties, the progress of trial so far, the period of detention of the petitioner in judicial custody and the fact that the earlier order passed by this Court in BLAPL No. 1071 2021 has not been complied with, while not inclining to release the petitioner on bail on merit, I am

// 3 // inclined to release the petitioner on interim bail for a period of three months from the date of release. 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 including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

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 PKSahoo