Makara Das vs State Of Odisha
2021 Latest Caselaw 12235 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.612 of 2021

              Makara Das                            ....     Appellant/
                                                            Petitioner

                                   Mr. S.P. Dash, Advocate

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

                                   Mr. Arupananda Das,
                                   Addl. Government Advocate
                                    CORAM:

                             JUSTICE S.K. SAHOO
                                    ORDER

Order No.                          29.11.2021

   01.           This     matter    is     taken    up   through   Hybrid

Arrangement (Video Conferencing/Physical Mode).

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge I.A. No.1092 of 2021

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

Heard.

// 2 //

The appellant-petitioner has been convicted under section 20(b)(ii)(B) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months by the learned Sessions Judge

-cum- Special Judge, Nayagarh in T.R. Case No.35 of 2016.

Perused the impugned judgment. Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and there is no chance of early hearing of the appeal in near future and the balance of convenience is in his favour. He further submitted that there is no clinching evidence on record to make out a case under section 20(b)(ii)(B) of the N.D.P.S. Act and there is also no bar under section 37 of the N.D.P.S. Act for grant of bail in such offence and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial and the fact that the petitioner was on bail during trial and

// 3 //

absence of any clinching material on record to show that he has misutilised his liberty and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the appellant-petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal 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 learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1091 of 2021

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner pending disposal of the criminal appeal.

The I.A. is disposed of.

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

( S.K. Sahoo) Judge RKM