Orissa High Court
Kishore Patra vs State Of Odisha on 7 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.272 of 2021
Kishore Patra .... Appellant/
Petitioner
Mr. Jagabandhu Sahu, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Ms. Susamarani Sahoo,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.02.2022
I.A. No.531 of 2021
04. 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
Additional Sessions Judge -cum- Special Judge, Boudh in
S.C. Case No.21 of 2015 (NDPS Act)(T).
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
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submitted that the petitioner is in judicial custody since
04.02.2015 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 there is no chance of early hearing of
appeal in the near future and balance of convenience is in
favour of the petitioner and therefore, the bail application
of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for
bail on the ground that commercial quantity of ganja has
been seized from the possession of the petitioner and also
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 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 in view of the sentence imposed by the learned
trial Court and period of detention of the petitioner in
judicial custody, 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 after 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
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further terms and conditions as the learned Court may
deem just and proper.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.530 of 2021
05. Heard.
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 I.A. is disposed of.
( S.K. Sahoo)
Judge
CRLA No.272 of 2021
06. List this matter in the week commencing from
20.06.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
Urgent certified copy of today's order be granted on
proper application.
( S.K. Sahoo)
Judge
P
