Orissa High Court
Pramod Meher vs State Of Odisha on 11 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.414 of 2017
Pramod Meher .... Appellant/
Petitioner
Mr. Biplap P.B. Bahali, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
11.07.2022
I.A. No.552 of 2022
06. 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 along with two other co-
accused, namely, Dasarathi Meher and Bhima @
Pranaballabha Samantara have 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) each, in
default, to further undergo R.I. for a period of one
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year each by the learned Additional Sessions Judge -
cum- Special Judge, Boudh in Special Case (NDPS)
No.26 of 2016(T).
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner is in judicial custody
since 03.11.2015 and as such he has remained in
judicial custody for about six years and eight months
out of ten years of substantive sentence imposed on
him by the learned trial Court and there is no chance
of early hearing of appeal in the near future and
therefore, the petitioner may be granted interim bail
for some period.
Learned counsel for the State was asked to
produce the custody certificate so also to obtain
instruction as to whether the names and documents
of two local sureties which are furnished by the
learned counsel for the petitioner are genuine or not.
Learned counsel for the State has produced the
instruction received from the Jail Superintendent so
also through the Inspector in-charge of Manamunda
police station that two local sureties Krushna Chandra
Meher and Parameswar Meher are genuine sureties.
In view of the submissions made by the learned
counsel for the respective parties, the nature of
evidence against the petitioner and bar under section
37 of the N.D.P.S. Act, while not inclining to release
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the petitioner on bail on merit, but taking into
account the period already undergone by the
petitioner in judicial custody 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 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 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. The learned trial Court shall release the
petitioner on interim bail if Krushna Chandra Meher
and Paremeswar Meher apply to be the local sureties
and after verifying their documents.
Violation of any terms and conditions shall entail
cancellation of interim bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
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Misc. Case No.1071 of 2017
07. 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 Misc. Case is disposed of.
( S.K. Sahoo)
Judge
CRLA No.414 of 2017
08. List this matter in the week commencing from
31.10.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
