Rajesh Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4330 of 2021 Rajesh Panda ....

Petitioner Mr. Devashis Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. Priyabrata Tripathy, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA Order No.

ORDER

25.07.2022 16.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

The petitioner is in custody since 16.03.2021 in connection with Kumbharapada P.S. Case No.71 of 2021, corresponding to Special G.R. Case No.33 of 2021 of the court of learned Special Judge, Puri, for the alleged commission of offence under Sections 21(b), 21(c), 29 of N.D.P.S. Act, 1985.

4.

It is alleged that Petitioner is a driver of the Chevrlet Beat Car bearing No.OR-02-BU-0511. He along with two others persons were transporting contraband brown sugar weighing 256 grams, which was seized from the spot. There were also other occupants in the vehicle. Further a total quantity of 256 grams of contraband article was recovered from the possession of the accused Petitioner. It is further submitted that Petitioner has been in custody for more than one year

// 2 // but trial has not yet commenced. He is a local person being resident of Baseli Sahi Police Station of Puri district. It is also submitted that by order dated 07.01.2022, the present Petitioner was granted interim bail, which was subsequently extended from time to time. Ultimately, he surrendered before the court below, as directed by this Court. 5.

Considering the submissions, materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the conditions that he shall personally appear before the trial Court on each date of posting of the case without fail. Further he shall appear before the I.I.C. of Kumbharapada P.S. on every Sunday at 10 a.m. for a period of six months and such fact shall be certified by the I.I.C. to the concerned court once in a month.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge U.K. Sahoo