Khageswar Das vs State Of Odisha
2021 Latest Caselaw 11187 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.131 of 2018

              1. Khageswar Das                   ....    Appellants/
              2. Gouri Majhi                            Petitioners
              3. Khagapati Naik

                                  Mr. D.P. Dhal, Senior 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 Misc. Case No.337 of 2018

03. 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 along with six others 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 and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for a period of one year each by the learned Additional Sessions Judge

-cum- Special Judge, Nabarangpur in C.T. Case No.73 of 2015(T).

// 2 //

Perused the impugned judgment.

Learned counsel for the appellants-petitioners submitted that the petitioners are in judicial custody since 11.04.2015 and therefore, out of ten years of substantive sentence imposed by the learned trial Court, they have already undergone substantive sentence of more than six years and six months 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 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 his 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

// 3 //

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.338 of 2018

04. 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.

The Misc. Case is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge CRLA No.131 of 2018

05. This matter be listed along with CRLA No.225 of 2018 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