Ghanashyam Deo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9467 of 2021 Ghanashyam Deo ....

Petitioner Mr. R.L. Pattnaik, Advocate -versusState of Orissa ....

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

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

16.08.2022 Order No.

01.

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 22 kg.

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

3. 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.

4. However, it is submitted on behalf of the Petitioner that he is inside custody since 7.6.2019 and despite the order of this Court dated 05.08.2021 passed in BLAPL No.3607 of 2021 to conclude the trial by end of January, 2022, the same is still pending.

5. Thus 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 period of three months from

the date of his release in connection with Kalimela P.S. Case No.84/2019 corresponding to T.R. Case No.66/2019 on such terms and conditions to be fixed by learned Additional Sessions Judge-cum-Special Judge, Malkangiri or the court in seisin over the matter 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.

6. It is made clear that the Petitioner shall surrender in the trial court on or before 21st November, 2022, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

7. The BLAPL is disposed of.

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

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