Orissa High Court
Raj Kumar Mahato vs State Of Odisha on 1 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.784 of 2017
1. Raj Kumar Mahato .... Appellants/
2. Bipin Mahato Petitioners
3. Rajesh Ray
Mr. P.K. Jena, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.11.2021
I.A. No.399 of 2021
06. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
This is an application for correction of the cause
title.
The learned counsel for the appellants-petitioners
submitted that some correction is required so far as
the addresses of the appellants nos.1 and 3 are
concerned.
Learned counsel for the State has obtained
instruction relating to the addresses of the appellants
nos.1 and 3 and furnish the same to the learned
counsel for the appellants and it matches with the
// 2 //
cause title sought to be replaced by the learned
counsel for the appellants.
Prayer is allowed.
The amended cause title filed by the learned
counsel for the appellants is taken on record.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
Misc. Case No.2047 of 2017
07. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellants-petitioners have been convicted
under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act
and sentenced to undergo R.I. for a period of ten
years each and to pay a fine of Rs.1,00,000/- (rupees
one lakh) each, in default, to undergo R.I. for a
period of six months more for the offence under
section 20(b)(ii)(C) of the N.D.P.S. Act, R.I. for a
period of ten years each and to pay a fine of
Rs.1,00,000/- (rupees one lakh) each, in default, to
undergo R.I. for a period of six months more for the
offence under section 25 of the N.D.P.S. Act and R.I.
for a period of ten years each and to pay a fine of
Rs.1,00,000/- (rupees one lakh) each, in default, to
// 3 //
undergo R.I. for a period of six months more for the
offence under section 29 of the N.D.P.S. Act and all
the substantive sentences were directed to run
concurrently by the learned Additional Sessions Judge
-cum- Special Judge, Paralakhemundi in G.R. Case
No.37 of 2014 (Trial No.21 of 2015).
Perused the impugned judgment.
Learned counsel for the appellants-petitioners
submitted that the petitioners are in judicial custody
since 22.09.2014 and therefore, out of ten years of
substantive sentence imposed by the learned trial
Court, they have already undergone substantive
sentence of more than seven years and one month
and there is no chance of early hearing of appeal in
the near future and balance of convenience is in
favour of the petitioners and therefore, the bail
application of the petitioners may be favourably
considered.
Learned counsel for the State opposed the prayer
for bail on the ground that commercial quantity of
ganja has been seized from the possession of the
petitioners and in view of the bar under section 37 of
the N.D.P.S. Act.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced by the prosecution during trial, the sentence
imposed by the learned trial Court, the quantity of
// 4 //
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 in view of the period
of detention of the petitioners in judicial custody, 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 after 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.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
Misc. Case No.213 of 2018
08. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellants-
petitioners till disposal of the criminal appeal.
// 5 //
The Misc. Case is disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
I.A. No.398 of 2021
09. In view of the order passed today in Misc. Case
No.2047 of 2017, this I.A. is also disposed of.
( S.K. Sahoo)
Judge
CRLA No.784 of 2017
10. List this matter in the week commencing from
14.02.2022.
Learned counsel for the appellants shall file the
surrender certificate of the appellants by the next
date.
( S.K. Sahoo)
Judge
RKM
