Pradeep Panda vs State Of Odisha
2021 Latest Caselaw 9022 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                          JCRLA No.70 of 2016
                                   &
                           I.A. No.48 of 2020

        Pradeep Panda                           ....             Appellant

                                    -versus-
        State of Odisha                         ....          Respondent


                  CORAM: JUSTICE S. PUJAHARI

                                  ORDER

Order                            27.08.2021
No.
15.     1.      This matter is taken up through hybrid mode.

2. Heard, learned counsel for the Petitioner/Appellant and learned counsel for the State-Respondent/Opposite Party on the question of bail of the Petitioner/Appellant.

3. It appears that the Petitioner/Appellant has been convicted and sentenced to undergo R.I. for ten years and to pay fine of Rs.1,00,000/-, in default of which, to undergo R.I. for further period of one year for commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act vide judgment of conviction and order of sentence dated 4th November, 2016 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, Berhampur in 2(a)C.C. Case No.20/2012(N) (T.R. No.22 of 2015). It also appears that the Petitioner/Appellant is in custody since 4th June, 2012.

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4. The Jail Criminal Appeal has been placed for disposal of the bail application, as this Court had earlier rejected the prayer for bail of the Petitioner/Appellant.

5. Though Paper Books are ready, but this Court is not assigned with the roster for hearing, in such premises, even learned counsel for the Petitioner/Appellant has made submission to take up this appeal for hearing, I am unable to entertain the same.

6. In view of the limitation to grant bail under Section 37(1)(b) of the N.D.P.S. Act, though I am not inclined to release the Petitioner/Appellant on bail, but taking note of his incarceration period allow him to go on interim bail for a period of 180 days from the date of his release. Hence, trial court is directed to release the Petitioner/Appellant on interim bail in 2(a)C.C. Case No.20/2012(N) (T.R. No.22 of 2015) for a period of 180 days from the date of his release on such terms and conditions as deem fit and proper.

7. However, the Jail Criminal Appeal be listed before the appropriate Bench for hearing.

8. If the hearing of the Jail Criminal Appeal is not concluded within the aforesaid period, the Petitioner/Appellant may seek extension of the interim bail granted to him in this case, if so desired.

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9. With the aforesaid order, the I.A. stands disposed of.

10. This order be communicated to the court concerned as well as the Jail Authority.

11. Free copy of this order be given to the learned counsel appearing for the Petitioner/Appellant.

(S. Pujahari) Judge

DA