Orissa High Court
Amarjeet Singh @ Kheem vs State Of Odisha on 11 December, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.95 of 2015
Amarjeet Singh @ Kheem .... Appellant/
@ Kham Petitioner
Mr. L.N. Patel, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 11.12.2023
22. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the appellant files the
surrender certificate of the appellant, which is taken
on record.
( S.K. Sahoo)
Judge
23. This is an application under section 389 of
Cr.P.C. for grant of bail.
Heard learned counsel for the appellant/
petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
// 2 //
the offence punishable under section 20(b)(ii)(C) of
the N.D.P.S. Act and sentenced to undergo rigorous
imprisonment for a period of ten years and to pay a
fine of Rs.1,00,000/- (rupees one lakh), in default of
payment of fine, to undergo rigorous imprisonment for
a further period of one year by the learned Addl.
Sessions Judge -cum- Special Judge, Boudh vide
judgment and order dated 29.01.2015 in Special Case
No.19 of 2013(T).
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 05.08.2013 and out of
ten years of substantive sentence imposed by the
learned trial Court, the petitioner had already
undergone more than nine years of substantive
sentence excluding the first interim bail period which
was granted vide order dated 16.09.2021 passed in
I.A. No.103 of 2018 and second interim bail order
dated 17.10.2022 passed in I.A. No.486 of 2022.
Learned counsel further submitted that the petitioner
was released on interim bail for a period of three
months vide order dated 17.10.2022 and after
availing the same, he surrendered before the learned
trial Court on 27.01.2023. Learned counsel further
submitted that though the paper book has been
prepared, there is no chance of early hearing of the
appeal in the near future and therefore, the bail
// 3 //
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other
hand, opposed the prayer for bail.
Considering the submission made by the learned
counsel for the respective parties, the sentence
imposed by the learned trial Court, the period already
undergone by the petitioner in judicial custody, the
conduct of the petitioner in complying with the earlier
interim bail orders twice and taking into account the
ratio laid down by the Hon'ble Supreme Court in the
case of Mohd Muslim @ Hussain -Vrs.- State (NCT
of Delhi) reported in 2023 LiveLaw (SC) 260, 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.
The I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
Sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Dec-2023 17:48:34
