Rabindra Sahu vs State Of Odisha
2023 Latest Caselaw 15871 Ori

Orissa High Court

Rabindra Sahu 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.189 of 2017

              1. Rabindra Sahu
              2. Kabi Sahu
              3. Santosh Sahu                        ....    Appellants/
                                                           Petitioners

                                    Mr. Niranjan Panda, 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
   05.              This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Learned counsel for the appellants files the surrender certificate of the appellants, which is taken on record.

Perused the prisoner's petition dated 19.04.2023 in which request has been made to engage Mr. Niranjan Panda as their advocate.

Mr. Niranjan Panda, learned counsel has already filed Vakalatnama on behalf of the appellants/ petitioners.

The names of earlier engaged counsel shall not // 2 //

be reflected in the cause list as well as at the top of the brief henceforth.

( S.K. Sahoo) Judge

06. This is an application under section 389 of Cr.P.C. for grant of bail to the appellants/petitioners.

Heard.

Perused the impugned judgment. The appellants-petitioners have been convicted under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced them to undergo R.I. for a period of twelve years each and to pay a fine of Rs.1,00,000/- (rupees one lakh) each, in default of payment of fine, to undergo rigorous imprisonment for a further period of one year each by the learned Sessions Judge -cum- Special Judge, Boudh vide judgment and order dated 27.02.2017 in Special Case No.16 of 2014 (NDPS Act).

Considering the submission made by the learned counsel for the petitioners that out of twelve years of substantive sentence imposed by the learned trial Court, the petitioners have already undergone nine years and four months of sentence and they have not flouted any terms and conditions of the interim bail order granted by this Court dated 28.11.2022 passed

// 3 //

in I.A. No.494 of 2017 and there is no chance of early hearing of the appeal in the near future since it is an appeal of the year 2017 and the paper book has not been prepared and keeping in view 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 petitioners on bail.

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each 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