Orissa High Court
Tanda Digal vs State Of Odisha on 6 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 755 of 2018
Tanda Digal .... Appellant/
Petitioner
Mr. Manas Chand, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. R.K. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
06.12.2021
I.A. No.781 of 2021
05. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard Mr. Manas Chand, learned counsel for the
petitioner and Mr. R.K. Tripathy, learned Additional
Standing Counsel for the State of Odisha.
The appellant-petitioner has been convicted under
section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to
undergo R.I. for a period of ten years and to pay a fine
of Rs.1,00,000/- (rupees one lakh), in default, to
undergo further R.I. for a period of six months by the
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learned Additional Sessions Judge, Balliguda in 2(a) CC
No.01 of 2017(T) (T.R. No.02 of 2018).
Perused the impugned judgment.
As per the order dated 29.11.2021, learned counsel
for the petitioner has filed the written note of
submissions giving copy thereof to Mr. Tripathy. Several
points have been highlighted in the written note of
arguments to show that there are good chances of
success in the appeal and balance of convenience is in
favour of the petitioner. Learned counsel for the
petitioner placed the grounds and also the relevant
evidence of the witnesses. It is further stated that the
petitioner is in judicial custody since 23.08.2017 and
therefore, out of ten years of substantive sentence
imposed by the learned trial Court, he has already
undergone substantive sentence of more than four years
and three months and there is no chance of early hearing
of appeal in the near future and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the
learned trial Court has dealt with the points raised by the
learned counsel for the petitioner in the impugned
judgment and there is no infirmity or illegality in the
impugned judgment.
At this stage, learned counsel for the petitioner
submitted that the petitioner is ready and willing to
prepare and file the required number of paper books
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whereafter the matter can be heard at an earliest on
merit.
Considering the submissions of learned counsel for
the respective parties, the nature of evidence adduced by
the prosecution during trial, the commercial quantity of
ganja seized and bar under section 37 of the N.D.P.S.
Act, which is also to be taken into account at the stage of
deciding the bail application in the appellate stage, while
not inclining to release the petitioner on bail on merit, but
taking into account the sentence imposed by the learned
trial Court, the period that has already undergone by the
petitioner, absence of any chance of early hearing of the
appeal in the near future, I direct the petitioner to be
released on interim bail for a period of three months from
the date of his release. The petitioner shall surrender
before the learned Court below immediately on the expiry
of the said three months period.
For the aforesaid period, let the appellant-petitioner
be released on interim bail for the aforesaid period 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 Court in seisin over the
matter with further terms and conditions as the learned
Court may deem just and proper. While on interim bail,
the petitioner shall not try to indulge in any criminal
activities in any manner and he shall appear before the
Inspector in-charge of Balliguda police station once in a
week on every Sunday in between 10.00 a.m. to 4.00
p.m. While on interim bail, every endeavour shall be
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made by the petitioner to prepare the paper books and
file it.
Violation of any terms and conditions shall entail
cancellation of interim bail.
The I.A. is disposed of.
A free copy of this order be handed over to the
learned counsel for the State.
Urgent certified copy of this order be granted on
proper application.
(S.K. Sahoo)
Judge
CRLA No.755 of 2018
06. List this matter in the week commencing from
21.03.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next
date.
(S.K. Sahoo)
Judge
RKM
