Orissa High Court
P. Ramesh vs State Of Odisha on 6 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.721 of 2018
1. P. Ramesh .... Appellants/
2. Sarita Dora Petitioner s
3. Laxmi Padiami @
Mundagudia
Mr. G.N. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 06.12.2021
I.A. No.1180 of 2020
11. 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.
The appellants-petitioners have 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
each by the learned Additional Sessions Judge -cum-
Special Judge, Jeypore in T.R. No.40 of 2016.
Perused the impugned judgment.
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Learned counsel for the appellants-petitioners
submitted that the petitioners are in judicial custody
since 30.05.2016 and therefore, out of ten years of
substantive sentence imposed by the learned trial
Court, they have already undergone substantive
sentence of more than five years and six months and
there is no chance of early hearing of appeal in the
near future and balance of convenience is in their
favour and therefore, the bail application of the
petitioners may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the
petitioner no.1 was the driver and the petitioner nos.2
and 3 were the occupants of the offending vehicle from
which contraband ganja of commercial quantity was
seized and therefore, in view of the bar under section
37 of the N.D.P.S. Act, they are not entitled to be
released on bail.
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 in view of the
bar under section 37 of the N.D.P.S. Act, while not
inclining to release the petitioners on bail on merit, but
taking into account the substantive sentence imposed
by the learned trial Court, the period already
undergone by the petitioners in judicial custody and
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absence of any chance of early hearing of the appeal
in the near future, I direct the petitioners to be
released on interim bail for a period of three months
from the date of their release. The petitioners shall
surrender before the learned Court below immediately
on the expiry of the said three months period.
For the aforesaid period, let the appellants-
petitioners be released on interim bail for the
aforesaid period on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) each 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 petitioners shall
not indulge in any criminal activities in any manner.
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.721 of 2018
12. List this matter in the week commencing from
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21.03.2022.
Learned counsel for the appellants shall file the
surrender certificate of the appellants by the next
date.
( S.K. Sahoo)
Judge
RKM
