Bhabesh Nayak vs State Of Odisha
2023 Latest Caselaw 15891 Ori

Orissa High Court

Bhabesh Nayak 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.239 of 2017

              1. Bhabesh Nayak
              2. Rajendra Ramai Prasad
              3. Gandharba Kissan                  ....    Appellants/
                                                         Petitioners

                                  Mr. A.K. Sahoo, advocate for
                                  appellant no.1

                                  Mr. S.K. Dwibedi, advocate for
                                  appellant no.3

                                        -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
   26.           This    matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Learned counsel for the appellant no.1 Bhabesh Nayk files the custody certificate, which is taken on record.

( S.K. Sahoo) Judge

27. This is an application under section 389 of Cr.P.C. for grant of bail to the appellant/petitioner // 2 //

no.1 Bhabesh Nayak.

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

Perused the impugned judgment.

The appellant-petitioner has been convicted for the offence punishable under section 20(1)(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo rigorous imprisonment for a further period of one year for the offence under section 20(b)(ii)(C) of the N.D.P.S. Act by the learned Sessions Judge

-cum- Special Judge, Boudh vide judgment and order dated 23rd March 2017 in Special Case No.26/2015(NDPS Act)/Special Case No.26 of 2015 (A)(NDPS Act).

Considering the submission made by the learned counsel for the petitioner no.1 that out of twelve years of substantive sentence imposed by the learned trial Court, the petitioner no.1 has already undergone eight years, two months and nine days of substantive sentence and earlier he was granted interim bail by this Court vide order dated 12.04.2023 passed in I.A. No.277 and 2022 and after availing the same, he surrendered at right time and on hearing learned counsel for the State and since there is no chance of early hearing of the appeal in the near future and

// 3 //

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 petitioner no.1 on bail.

Let the appellant-petitioner no.1 Bhabesh Nayak 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