Orissa High Court
Bhagia @ Bhagaban vs State Of Odisha on 13 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.643 of 2016
Bhagia @ Bhagaban .... Appellant/
Nayak Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. D.K. Pani,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 13.12.2021
Misc. Case No.1797 of 2016
08. 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 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)
by the learned Additional Sessions Judge -cum-
Special Judge, Phulbani in G.R. Case No.61 of 2014.
Perused the impugned judgment.
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Learned counsel for the appellant-petitioner
submitted that the petitioner is in judicial custody
since 10.09.2014 and therefore, out of ten years of
substantive sentence imposed by the learned trial
Court, he has already undergone substantive
sentence of seven years and three months and since
paper books have not prepared, there is no chance of
early hearing of appeal in the near future and balance
of convenience is in his favour and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State opposed the prayer
for bail and submitted that in view of the commercial
quantity of ganja seized from the possession of the
petitioner and the learned trial Court after assessing
the evidence on record has rightly found of the offence
charged and in view of the bar under section 37 of the
N.D.P.S. Act, the petitioner should not 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 petitioner on bail on merit, but
taking into account the sentence imposed by the
learned trial Court, the period already undergone by
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the petitioner and 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
indulge in any criminal activities in any manner and he
shall appear before the Inspector in-charge of Phulbani
Town police station once in a week on every Monday.
Violation of any terms and conditions shall entail
cancellation of interim bail.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
Misc. Case No.1798 of 2016
09. Heard.
There shall be stay of realization of fine amount
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imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
CRLA No.643 of 2016
10. List this matter in the week commencing from
28.03.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
A free copy of orders be handed over to the
learned counsel for the State.
Urgent certified copy of today's orders be granted
on proper application.
( S.K. Sahoo)
Judge
RKM
