Gobinda Bagh vs State Of Odisha
2021 Latest Caselaw 1374 Ori

                               CRLA No.204 of 2017                                 1




                                   Misc. Case No.606 of 2018

                    Gobinda Bagh                           ...       Appellant/
                                                                   Petitioner

                                                        -Versus-

                    State of Odisha                        ...     Respondent/
                                                                   Opp. party

06.   04.02.2021         The      matter   is   taken    up      through   Video
                   Conferencing.
                         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 ten years and to pay a fine of
                   Rs.1,00,000/- (rupees one lakh), in default, to undergo
                   further R.I. for two years by the learned Additional
                   Sessions Judge -cum- Special Judge, Phulbani in G.R.
                   Case No.16 of 2015.
                         Perused the impugned judgment.
                         Learned counsel for the petitioner submitted that
                   the petitioner is in judicial custody since 01.02.2015 and
                   therefore, out of ten years of substantive sentence
                   imposed by the learned trial Court, he has already
                   undergone about six years of substantive sentence. He
                   further submitted that there are good chances of success
                   in the appeal and there is no chance of early hearing of
                   appeal in the near future and balance of convenience is in
                                                                  2




favour of the petitioner 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 placed the statement of
P.W.9 and P.W.10, who have stated about the seizure of
commercial quantity of ganja from the possession of the
petitioner.
      Considering the submissions of learned counsel for
the respective parties, the nature of evidence available
on record, the quantity of ganja seized and bar under
section 37 of the N.D.P.S. Act, while not inclining to
release the petitioner on bail but taking into account the
period of detention of the petitioner in judicial custody
and absence of any chance of early hearing of the appeal
in the near future, 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 the expiry of three
months period.
      Let the appellant-petitioner be released on bail
pending disposal of the appeal 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 trial Court.
      The Misc. Case is disposed of.
      Issue urgent certified copy as per Rules.


                                      .............................
                                       S.K. Sahoo, J.

CRLA No.204 of 2017

07. 04.02.2021 List this matter in the week commencing from 17.05.2021.

Learned counsel for the appellant shall file the surrender certificate of the appellant by the next date.

............................. S.K. Sahoo, J.

RKM