Orissa High Court
Bhabesh Nayak vs State Of Odisha on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.239 of 2017
1. Bhabesh Nayak
2. Rajendra Ramai Prasad
3. Gandharba Kissan .... Appellants/
Petitioners
Mr. S.K. Dwibedi, Advocate for
appellant no.3
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
26.04.2023
I.A. No.484 of 2023
21. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This interim application has been filed by
appellant no.3 Gandharba Kissan for bail.
Heard.
The appellant no.3-petitioner no.3 along with two
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 twelve years each and to pay a fine of
// 2 //
Rs.1,00,000/- (rupees one lakh) each, in default, to
undergo further R.I. for a period of one year more
each by the learned Sessions Judge -cum- Special
Judge, Boudh in Special Case No.26 of 2015 (NDPS
Act)/Special Case No.26 of 2015(A) (NDPS Act).
Perused the impugned judgment.
Learned counsel for the petitioner no.3 submitted
that the petitioner no.3 was taken on remand in this
case on 04.04.2016 and as such he has already
undergone substantive sentence of seven years out of
twelve years imposed by the learned trial Court and
there is no chance of early hearing of appeal in the
near future even though the paper book has already
been prepared since long and therefore, the petitioner
no.3 may be granted interim bail for some period.
Learned counsel for the State opposed the prayer
for bail and submitted that the petitioner no.3 was
charge sheeted in this case as an absconder, however,
does not dispute that he is a local man.
Considering the submissions made by the learned
counsel for the respective parties, in view of the bar
under section 37 of the N.D.P.S. Act, while not
inclining to release the petitioner no.3 on bail on
merit, but taking into account the substantive
sentence imposed by the learned trial Court and the
period of detention of the petitioner no.3 in judicial
// 3 //
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 of release. The petitioner no.3 shall immediately
surrender before the learned Court below on expiry of
the said three months period.
For the above period, let the appellant no.3-
petitioner no.3 be released on interim bail to the
satisfaction of the learned trial Court in connection
with 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 Court in seisin over the
matter including the conditions that he shall not
indulge in any criminal activities.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.239 of 2017
22. List this matter in the week commencing from
07.08.2023. Learned counsel for the appellant no.3
shall produce the surrender certificate of the appellant
// 4 //
no.3 on the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
