Purna Chandra Pradhan vs State Of Odisha
2022 Latest Caselaw 4936 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 346 of 2022

              Purna Chandra Pradhan               ....   Appellant/
                                                       Petitioner

                                   Mr.K.A. Guru, Advocate

                                       -versus-

              State of Odisha                     ....   Respondent/
                                                       Opp.Party

                                   Mrs. Susamarani Sahoo,
                                   Addl. Standing Counsel

                                   CORAM:
                             JUSTICE S.K. SAHOO

                                    ORDER

Order No.                         21.09.2022
                             I.A. No. 699 of 2022

03. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner has been convicted under section 20(b)(ii)(B) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.25,000/- (rupees twenty five thousand), in default, to undergo rigorous imprisonment for a further period of six months by the learned 2nd Addl. Sessions Judge, Puri vide judgment and order dated 26.04.2022 in T.R. Case No.73 of 2015.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never // 2 //

misutilized his liberty while on bail. He further submitted that since the total period of sentence imposed on the appellant by the learned trial Court is four years and there is no chance of early hearing of the appeal in the near future and the bar under section 37 of the N.D.P.S. Act is not applicable for the offence under section 20(b)(ii)(B) of the N.D.P.S. Act, the bail application may be favouraly considered.

Learned counsel for the State was asked to obtain instruction on the criminal antecedents, if any, against the petitioner as per the order dated 06.05.2022.

Today, learned counsel for the State on instruction submitted that the petitioner is having no criminal antecedents.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the total period of sentence awarded by the learned trial Court and the fact that the petitioner was on bail during trial and absence of any criminal antecedents against him, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper. Violation

// 3 //

of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No. 698 of 2022

04. 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.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

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