S.K. Firojul Akhatar Aman vs State Of Odisha
2023 Latest Caselaw 15945 Ori

Orissa High Court

S.K. Firojul Akhatar Aman vs State Of Odisha on 12 December, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.354 of 2018

              S.K. Firojul Akhatar Aman             ....      Appellant/
                                                             Petitioner

                                     Mr. S.K. Zafarulla, Advocate

                                        -versus-

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

                                     Mr. Rajesh Tripathy
                                     Addl. Standing Counsel
                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        12.12.2023

                              I.A. No.2854 of 2023

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

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

This is an application for bail.

The appellant-petitioner has been convicted 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 2nd Additional Sessions Judge, Balasore vide judgment and order dated 22.11.2017 in Special Case // 2 //

No.116/71 of 2014.

Considering the submission made by the learned counsel for the petitioner that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone sentence of more than eight years and after availing the interim bail period, he surrendered at right time and there is no chance of early hearing of the appeal in the near future even though the paper book has been prepared and after hearing the learned counsel for the State 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 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 of this order on proper application.

( S.K. Sahoo) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Dec-2023 12:01:46