Orissa High Court
Somanath Kirshani vs State Of Odisha on 5 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.402 of 2019
Somanath Kirshani .... Appellant/
Petitioner
Mr. A.N. Pattanayak, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
05.04.2023
I.A. No.961 of 2019
21. 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 ten others
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 undergo further
R.I. for a period of six months by the learned
Additional Sessions Judge -cum- Special Judge,
// 2 //
Malkangiri in T.R. No.09 of 2018.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 13.01.2018 and he was
never released on bail during pendency of the trial and
during pendency of the criminal appeal, he was
granted interim bail for a period of fifteen days in I.A.
No.564 of 2021 as per the order dated 25.06.2021
and after availing the same, he surrendered at right
time. It is further submitted that the paper books
have not prepared and there is no chance of early
hearing of appeal in the near future 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 of commercial quantity
of ganja seized and bar under section 37 of the
N.D.P.S. Act.
Considering the submissions made by the learned
counsel for the respective parties, the quantity of
ganja seized and 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 of
detention of the petitioner in judicial custody and
absence of any chance of early hearing of appeal in
the near future, I am inclined to release him on
interim bail for a period of three months from the date
// 3 //
of release. The petitioner shall immediately surrender
before the learned Court below on expiry of the said
three months period.
For the above period, let the appellant-petitioner
be released on interim bail in the aforesaid case 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 learned trial
Court subject to condition that he shall not indulge in
any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.402 of 2019
22. List this matter along with CRLA No.332 of 2019
and CRLA No.463 of 2019 in the week commencing
from 17.07.2023. Learned counsel for the appellant
shall produce the surrender certificate of the appellant
on the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
