State Of Odisha vs Purna Chandra Sahu
2021 Latest Caselaw 9448 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           GCRLA No.02 of 2007

              State of Odisha                    ....     Appellant/
                                                        Opp. Party
                                  Mr. S.S. Pradhan,
                                  Addl. Government Advocate

                               -versus-
              Purna Chandra Sahu        ....            Respondent/
                                                       Appellant

                                  Mr. Niranjan Panda, Advocate

                                   CORAM:

                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                         09.09.2021
                               I.A. No.05 of 2021

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

This is an application for grant of bail under section 389 of Cr.P.C. filed by the respondent-petitioner.

Heard learned counsel for the respondent-petitioner and learned Counsel for the State.

It is submitted by the learned counsel for the respondent-petitioner that the petitioner faced trial for commission of offence under section 21(b) of the N.D.P.S. Act in the Court of learned Sessions Judge

-cum- Special Judge, Cuttack in G.R. Case No.1504 of 2001 and vide impugned judgment and order dated // 2 //

31.03.2004, he has been acquitted of the charge and in view of the issuance of warrant of arrest by this Court under section 390 of Cr.P.C. as per order dated 05.02.2007, the petitioner was taken into judicial custody on 20.08.2021 and since then, he is in judicial custody and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State has no serious objection.

Considering the submissions made by the learned counsel for the respective parties, since it is an appeal against the order of acquittal and the petitioner is in judicial custody since 20.08.2021, I am inclined to release the petitioner on bail.

Let the respondent-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.

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

( S.K. Sahoo) Judge

RKM