Saumya Ranjan Baliarsingh @ Kali v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10271 of 2021 Saumya Ranjan Baliarsingh @ Kali ....
Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. Rajesh Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
08.07.2022 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 T.R. Case No.241 of 2020 arising out of Jatni P.S. Case No.224 of 2020 pending in the Court of learned 3rd Addl.
Sessions Judge, Bhubaneswar for offence punishable under sections 21(C), 25 and 29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Bhubaneswar, which was rejected on 22.10.2021. Learned counsel for the petitioner submitted that
// 2 // the petitioner is in judicial custody since 09.06.2020 and his earlier bail application in BLAPL No.4566 of 2020 was rejected as per order dated 03.02.2021 and direction was given to the learned trial Court to expedite the trial and conclude the same within a period of six months from the date of receipt of the order and the petitioner was given liberty to renew his prayer, if the trial is not concluded within the aforesaid period.
Status report was called for as per order dated 08.04.2022 and the learned trial Court has furnished the same vide letter dated 20.04.2022 from which it indicates that till date only one witness has been examined in the learned trial Court.
Learned counsel for the State on verification of the case diary submitted that there is no criminal antecedent against the petitioner.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, 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 petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
// 3 // 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 and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the period of interim bail. The Inspector in-charge of Jatni police station shall keep a close vigil over the activities of the petitioner during the interim bail period.
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 P