Ajaya Yadav vs State Of Odisha
2021 Latest Caselaw 11721 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.56 of 2017

              Ajaya Yadav                       ....        Appellant/
                                                          Petitioner

                                 Mr.S.K.Nayak, Advocate

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

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

                                 CORAM:
                           JUSTICE S.K. SAHOO
                                 ORDER

15.11.2021 Order No. I.A. No. 1893 of 2019

11. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

This is an application for grant of bail. Heard the learned counsel for the petitioner and learned counsel for the State.

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 one year for the offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act by the learned Sessions Judge -cum- Judge, Special Court, Deogarh in T.R. Case No. 47 of 2013.

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Perused the impugned judgment.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 28.09.2013 and therefore, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone more than eight years of substantive sentence and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour. It is further submitted that one of the co-appellant, namely, Debaraj Badi in CRLA No. 37 of 2017 has been released on interim bail in I.A. No. 793 of 2020 as per order dated 29.07.2021 and therefore, the present petitioner may be granted interim bail. Admittedly, paper books have not yet been prepared in the case.

Considering the substantive sentence imposed by the learned trial Court, the period already undergone by the petitioner, release of the co- appellant on interim bail, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of four months from the date of release and the petitioner shall surrender before the leaned trial Court immediately on the expiry of the said period.

For the above period, let the petitioner be released on interim bail to the satisfaction of the learned trial Court in connection with T.R. Case No. 47 of 2013 of the file of learned Sessions Judge -cum-

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Judge, Special Court, Deogarh on furnishing bail bond of Rs.2,00,000/- (two lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter.

The I.A. is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

CRLA No.56 of 2017

12. List this matter in the month of April 2022.

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

( S.K. Sahoo) Judge