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Orissa High CourtBLAPL/6925/2020disposed off

Raju Baroi v. State Of Odisha

2022-01-05Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.6925 OF 2020 Raju Baroi ....

Petitioner Ms. Babita Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Das, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

05.01.2022 03.

1.

The matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the successive journey of the Petitioner who is in custody in connection with Orkel P.S. Case No.68 of 2018 corresponding to T.R. Case No.61 of 2018 on the file of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri for alleged commission of offence under Section -20(b)(ii)(C) of the NDPS Act, in filling this application under section 439, Cr.P.C. for his release on bail.

3.

Upon hearing learned Counsel for the Petitioner and learned Additional Standing Counsel; record being perused, it is seen that the Petitioner had last moved the Trial Court on 01.03.2019, praying for his release on bail. In view of the long lapse of more than two years and nine months by now; this Application stands disposed of granting liberty to the Petitioner to approach the Trial Court in case the trial has not yet been

// 2 // concluded for his release on bail afresh, by citing all the developments which have taken place in the meantime for their consideration in proper perspective.

It is needless to observe that in the event such a move is made, the Trial Court would do well to consider the same on its own merit; further taking into account all such developments which have taken place in the meantime in their proper perspective without being influenced by earlier orders and dispose of the same early in accordance with law. 5.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan