Orissa High Court
Madesh vs State Of Odisha on 27 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8623 of 2022
Madesh .... Petitioner
Mr. D.R. Bhokta, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
27.02.2023
Order No.
01. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in T.R. Case No.48 of 2021
pending on the file of learned Addl. Sessions Judge-cum-Special
Judge, Koraput, arising out of Nandapur P.S Case No.56 of 2021,
for commission of offence under Section 20(b)(ii)(c)/25 of the
N.D.P.S. Act.
3. Being aggrieved by the rejection of his application for bail
U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special
Judge, Koraput by order dated 08.08.2022 in the aforementioned
case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that though the
Petitioner is in custody since 19.05.2021, there is no progress in
trial and relying on the judgment of the apex Court in the case of
Hussainara Khatoon & others vrs. State of Bihar, (1980) 1 SCC
81, he seeks release. It is submitted that the Petitioner is a victim of
circumstance as such conscious and exclusive possession cannot be
attributed to him.
5. It is further submitted that co-accused has already been
released on bail by order dated 24.06.2022 in BLAPL No.6021 of
2021. Hence, on the ground of parity, he may be released on bail.
6. Learned counsel for the State submits that since the
contraband was recovered from the vehicle in which the Petitioner
is the driver and in view of the bar contained in Section 37 of the
N.D.P.S., the Petitioner is not entitled to be released on bail.
7. Considering the submission of the Petitioner that he was
the driver of the vehicle and as such not aware of the contraband
being carried and non-commencement of trial as stated, this Court
directs the Petitioner to be released on bail on such terms to be
fixed by the learned court in seisin.
8. Additionally, it is directed that the Petitioner shall appear
before the Investigating Officer once every week on such date and
time to be fixed by the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to the Court in
seisin.
9. To allay the legitimate apprehension of the learned Public
Prosecutor regarding ensuring the presence of the Petitioner during
trial since he does not belong to the State of Odisha, additionally it is
directed that one of the family members of the Petitioner shall execute
the P.R bond in addition to the sureties in terms of the order of the
learned Court in seisin and his criminal antecedent from P.S.
Banashankari, Dist-Bangalore, Karnataka shall also be called for.
10. If it comes to fore that the Petitioner has similar criminal
antecedent, this order shall stand recalled.
11. The BLAPL thus stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
PKS
