Sk. Jalaluddin vs State Of Odisha
2023 Latest Caselaw 8674 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        CRLA No.848 of 2023

                   Sk. Jalaluddin                                 ....     Appellant/
                                                                         Petitioner

                                                Mr.A.R. Panda, Advocate

                                                       -versus-

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

                                                Mr.Arupananda Das
                                                Addl.Govt. Advocate
                                               CORAM:
                                          JUSTICE S.K. SAHOO
                                               ORDER

Order No. 07.08.2023 CRLA No.848 of 2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the Trial Court Record.

( S.K. Sahoo) Judge

I.A. No. 1799 of 2023

02. This interim application has been filed by the appellant-petitioner under section 389(1) of Cr.P.C. for grant of bail.

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52 // 2 //

Heard learned counsel for the appellant and learned counsel for the State.

Perused the impugned judgment. The appellant-petitioner Sk. Jalaluddin has been convicted for the offence punishable under section 21(b) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.30,000/- (Rupees thirty thousand), in default, to undergo R.I. for a further period of one month for the offence under section 21(b) of the N.D.P.S. Act by the learned Sessions Judge -cum- Special Judge, Balasore in Special Case No.27 of 2019.

Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty while on bail and the quantity of brown sugar stated to have been seized from the possession of the petitioner is lesser than commercial quantity and therefore, bar under section 37 of the N.D.P.S. Act is not applicable and there is no chance of early hearing of the appeal and after hearing the learned counsel for the State, 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 local solvent Not Signature sureties Verifiedeach for the like amount to the Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52 // 3 //

satisfaction of the learned Court below.

Accordingly, the I.A. stands disposed of.

( S.K. Sahoo) Judge

I.A. No. 1800 of 2023

03. 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. stands disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

sipun

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2023 17:24:52