Prafulla Mallik vs State Of Odisha
2021 Latest Caselaw 11392 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.372 of 2016
              Prafulla Mallik                      ....       Appellant/
                                                             Petitioner

                                   Mr. B.K. Nayak, Advocate

                                        -versus-
              State of Odisha                      ....     Respondent/
                                                            Opp. Party

                                   Mr. D.K.Pani,
                                   Addl. Standing Counsel
                                       CORAM:

                                JUSTICE S.K. SAHOO
                                    ORDER

Order No.                          08.11.2021
                                 I.A. No.396 of 2020

09. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for interim bail. Mr. B.K. Nayak, learned counsel appearing for the appellant-petitioner submits that he does not want to press this interim application Accordingly, the I.A. stands disposed of as not pressed.

( S.K. Sahoo) Judge

Misc. Case No.1029 of 2016

10. This is an application under Section 389 of Cr.P.C. for grant of bail.

// 2 //

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 twelve 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 two years by the learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur in 2(a) CC No.07 of 2011(N) (T.R. No.12 of 2011).

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner is in judicial custody since 02.07.11 and therefore, out of twelve years of substantive sentence imposed by the learned trial Court, he has already undergone substantive sentence of more than ten years and three months and though the paper books have already prepared but there is no chance of early hearing of appeal in the near future and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State has not disputed about the period of detention of the petitioner in judicial custody but opposed the prayer for bail on merit on the ground that commercial quantity of ganja has been seized from the possession of the petitioner 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 commercial quantity of ganja seized and in view of the bar under section 37 of the

// 3 //

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 the petitioner, absence of any chance of early hearing of the appeal in the near future and in view of delayed disposal of the appeal, 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 Pipili 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.1030 of 2016

11. Heard.

There shall be stay of realization of fine amount

// 4 //

imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The Misc. Case is disposed of.

A free copy of this order be handed over to the learned counsel for the State.

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

( S.K. Sahoo) Judge

CRLA No.372 of 2016

12. List this matter along with JCRLA No.42 of 2016 in the week commencing from 14.02.2022.

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

( S.K. Sahoo) Judge

RKM