Orissa High Court
S.K. Firojul Akhatar Aman vs State Of Odisha on 29 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.354 of 2018
S.K. Firojul Akhatar Aman .... Appellant/
Petitioner
Mr. K. Pattanaik, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. R. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 29.11.2021
Misc. Case No.856 of 2018
11. 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 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 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 by the learned 2nd Additional Sessions Judge,
Balasore in Special Case No.116/71 of 2014.
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Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner is in judicial custody
since 23.08.2014 and therefore, out of ten years of
substantive sentence imposed by the learned trial
Court, he has already undergone substantive
sentence of more than seven years and three months
and there is no chance of early hearing of appeal in
the near future and balance of convenience is in his
favour and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State on instruction
submitted that there are no criminal antecedents
against the petitioner, however he submitted that in
view of the commercial quantity of ganja seized from
the possession of the petitioner and the bar under
section 37 of the N.D.P.S. Act, the petitioner should
not be released on bail.
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 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
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the petitioner and absence of any chance of early
hearing of the appeal in the near future, 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 trial Court
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 Soro 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.857 of 2018
12. Heard.
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There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
CRLA No.354 of 2018
13. List this matter in the week commencing from
14.03.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
A free copy of orders 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
RKM
