2 23.6.2021. Sunil Sethi vs State Of Odisha
2021 Latest Caselaw 6500 Ori

                                     CRLA NO.469 OF 2015




                                       Misc. Case No.1253 of 2015

 12   23.6.2021.   Sunil Sethi           .....       Petitioner.

                                       Mr.S. Rout, Advocate.
                                       Versus
                   State of Odisha       .....      Opposite Party.
                                       Mr.Anupam Rath, Addl. Standing Counsel
                   CORAM:
                                 JUSTICE S.K. MISHRA
                                      ORDER

1. This case is taken up through Video Conferencing.

2. Heard Mr.S.Rout, learned counsel for the Petitioner, and Mr. Anupam Rath, learned Addl. Standing Counsel for the State.

3. The Petitioner-Appellant has filed this bail application under Section 389 of Cr.P.C. for bail upon appeal. The petitioner-appellant has been convicted for the offence under Section 20(b)(ii)(c) of the NDPS Act by the learned Judge, Special Court, Angul in Special Case No.147/2013 as per the judgment dated 17.7.2015 and has been sentenced to undergo R.I. for ten years and pay fine of Rs.1,00,000/- in default to pay the fine shall suffer R.I. for another two years.

4. It is borne out from the record that the quantity of ganja seized in this case is about 40 kgs. The Petitioner-Appellant is in custody for more than eight years. There is a statable probability of setting aside the conviction recorded by the learned Judge, Special Court, Angul in view of fact that the independent witness to the seizure not supported the prosecution case. Moreover, the Petitioner-Appellant AKB was granted interim bail in I.A. No.692/2020 on 17.7.2020 and after completion of the interim bail period the Petitioner-Appellant surrendered to the jurisdiction of the learned Judge, Special Court, Angul. Moreover the Petitioner-Appellant is a permanent resident of Village-Badagunduri, P.S.-Kanhia, in the district of Angul, there is no reasonable probability of the Petitioner-Appellant absconding from the process of justice.

5. In that view of the matter, this Court is inclined to grant bail to the Petitioner-Appellant and suspend the sentence. Let the Petitioner-Appellant (Sunil Sethi) be released on bail on such terms and conditions as deemed fit and proper by the learned Judge, Special Court, Angul in Special Case No.147/2013.

The Misc. Case is disposed of.

As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate Mr.S.Rout, learned counsel for the Appellant, or Mr. Anupam Rath, learned Addl. Standing Counsel for the State, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021.

.........................

S.K.Mishra, (Judge)