Harasit Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8558 of 2020 Harasit Nayak ....

Petitioner Mr.S.K. Dwibedi, Advocate -versusState of Odisha .... Opp.Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.09.2022 03.

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 Balliguda P.S. Case No. 184 of 2019 corresponding to C.T. Case No. 127 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Balliguda for offences punishable under sections 20(b)(ii)(C), 25 and 27 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special

// 2 // Judge, Balliguda, which was rejected on 13.11.2020. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.12.2019 and his earlier bail application in BLAPL No.331 of 2020 was rejected as per order dated 02.11.2020 and liberty was granted to the petitioner to renew his prayer for bail after examination of the material witnesses. Learned counsel further submitted that there is no substantial progress in the trial and therefore, the petitioner's bail application may be favourably reconsidered.

Learned counsel for the State opposed the prayer for bail.

Status report was called for as per order dated 26.08.2022 and the learned trial Court has furnished the same vide letter dated 06.09.2022 from which it appears that out of twenty five charge sheet witnesses, four witnesses have been examined and the trial was fixed to 08.09.2022 for further evidence of the remaining witnesses.

Considering the submissions made by the learned counsel for the respective parties and the slow progress of trial, 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

// 3 // 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 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, 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.

( S.K. Sahoo) Judge PKSahoo