Orissa High Court
Gyani Harijan vs State Of Odisha on 11 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.927 of 2019
Gyani Harijan .... Appellant/
Petitioner
Mr. B.K. Dash, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mrs. Susamarani Sahoo,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
11.07.2022
I.A. No.740 of 2022
05. 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 seven co-
accused 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 of payment of fine, to undergo further R.I. for
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a period of six months by the learned Sessions Judge
-cum- Special Judge, Malkangiri in Criminal Trial Case
No.130 of 2016.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the bail application of the petitioner
was rejected on merit as per order dated 07.02.2022,
however, in the meantime the petitioner has already
undergone substantive sentence of five years and ten
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, he may be granted interim bail
for some time.
Learned counsel for the State as per order dated
27.06.2022 has produced the custody certificate of
the petitioner from the Superintendent of Circle Jail,
Koraput which is dated 03.07.2022, which indicates
that the total period of detention of the petitioner in
custody is 2123 days.
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 period already undergone by
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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.
Violation of any terms and conditions shall entail
cancellation of interim bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
CRLA No.927 of 2019
06. List this matter in the week commencing from
31.10.2022.
Learned counsel for the appellant shall file the
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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
