Pramod Kumar Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7357 of 2022 Pramod Kumar Gouda ....

Petitioner Mr. R.K. Pattanaik, Advocate -versusState of Odisha ....

Opposite Party Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.11.2022 Order No.

02.

1. This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of contraband ganja weighing 31 kg.

2. Heard Mr. R.K. Pattanaik, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted on behalf of the Petitioner that he is inside custody since 18.11.2019 and the trial is yet to complete.

4. A report was called for from the learned trial court regarding stage of trial. Learned trial court in his report dated 17.11.2022 stated that only two witnesses out of six charge-sheeted witnesses have been examined till date.

5. After hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

6. But considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a further period of two months from the date of his release in connection with Badachana P.S. P.R.No. 12/2019-20 corresponding to C.T. (NDPS) Case No. 14/2019 on such terms and conditions to be fixed by learned Sessions Judge-cum-Special Judge, Jajpur as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

7. It is made clear that the Petitioner shall surrender in the trial court on or before 27th January, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

8. The BLAPL is disposed of.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik