Akash Khara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9013 of 2020 Akash Khara ....

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

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

07.04.2022 Order No.

05.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in T.R. Case No.45 of 2020, on the files of learned Additional Sessions Judge-cum-Special Judge, Malkangiri, arising out of Orkel P.S. Case No.49 of 2020, under Sections 20(b)(ii)(c) of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Malkangiri, by order dated 20.03.2020 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that the petitioner is in judicial custody 07.03.2020 and as trial has not commenced, prays to be released on bail.

6.

It is brought to the notice of this Court by the learned counsel for the petitioner that by order dated 25.02.2022, this Court granted

interim bail for a period of three months to the petitioner there in (Laxman Pangi), hence on the ground of parity petitioner seeks interference of this Court.

7.

Learned counsel for the State opposes such move. 8.

Taking into account the petitioner is in custody for more than two years and there is no progress in the trial and taking into account the order passed by this Court on 25.02.2022 in BLAPL No.9442 of 2021 in respect of the co-accused, it is directed that the petitioner shall be released on interim bail for a period of three months from the date of release. Learned Court in seisin over the matter to fix the terms. Additionally this Court directs that petitioner shall appear before the Inspector in-charge of Orkel police Station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m.

9.

It is needless to state that on expiry of the interim bail period the petitioner shall surrender.

10.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

11.

Accordingly, the BLAPL is disposed of.

12.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi