Orissa High Court
Sibananda Sethi vs State Of Odisha on 11 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.565 of 2018
Sibananda Sethi .... Appellant/
Petitioner
Ms. J. Mallik, 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.82 of 2019
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 four 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
// 2 //
a period of one year by the learned 2nd Additional
Sessions Judge -cum- Special Judge, Puri in T.R.
No.6-2-9 of 2017-2016.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner is in judicial custody
since 16.10.2015 and as such he has already
undergone substantive sentence of six years and
eight months out of ten years of substantive sentence
imposed by the learned trial Court 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 mainly on the ground that it is a case of
seizure of commercial quantity of ganja and in view of
the bar under section 37 of the N.D.P.S. Act, the
petitioner is not entitled to be released on bail. He has
produced the custody certificate.
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
// 3 //
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.565 of 2018
06. List this matter in the week commencing from
31.10.2022.
Learned counsel for the appellant shall file the
// 4 //
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
