Orissa High Court
Banamali Pradhan vs State Of Odisha on 16 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.507 of 2020
Banamali Pradhan .... Appellant/
Petitioner
Mr. B.P. Rath, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
16.05.2022
I.A. No.971 of 2020
13. 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) read with section 8(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 further undergo R.I.
for a period of six months by the learned Additional
// 2 //
Sessions Judge, Bhubaneswar in T.R. Case No.52 of
2016.
Perused the impugned judgment.
Learned counsel for the State has produced the
custody certificate from the concerned Jail
Superintendent, which indicates that the petitioner
has already undergone substantive sentence of more
than five years and today, learned counsel for the
State has obtained instruction to the effect that the
petitioner is having no criminal antecedent.
Considering the submissions made by the
learned counsel for the petitioner that out of ten years
of substantive sentence, the petitioner has already
undergone half of the substantive sentence and there
is no chance of early hearing of appeal in the near
future and balance of convenience is in his favour and
on hearing the learned counsel for the State, who
submitted that commercial quantity of ganja was
found from the possession of the petitioner 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,
while not inclining to release the petitioner on bail on
merit, but taking into account the 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
// 3 //
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
I.A. No.970 of 2020
14. 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
// 4 //
CRLA No.507 of 2020
15. List this matter in the week commencing from
29.08.2022.
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
