Trinath Hantala v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6774 of 2022 Trinath Hantala ....

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

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.10.2022 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) C.C. No. 06 of 2020 arising out of E.I. & E.B. Unit-II, Cuttack P.R. No. 210 of 20192020 pending in the Court of learned 1st Additional Sessions Judge, Cuttack for offence 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 22.02.2020 and his earlier bail application in BLAPL No.5763 of 2021 was rejected as per order dated 21.12.2021 and direction was given to the learned trial Court to expedite the

// 2 // trial and if possible to conclude the same within a period of six months from the date of receipt of a copy of the order and liberty was granted to the petitioner to renew his prayer for bail, if the trial is not concluded within the said period. It is further submitted that the earlier order has not been complied with since not a single witness has been examined till date, the petitioner may be granted interim bail for some period Perused the status report dated 13.10.2022 furnished by the learned trial Court from which it appears that till date, not a single witness has been examined.

Considering the submissions made by the learned counsel for the respective parties and the earlier direction of this Court has not yet been complied with, at this stage, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on interim bail for a period of three months 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

// 3 // like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial. Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

P ( S.K. Sahoo) Judge