Orissa High Court
Anil Behera vs State Of Odisha on 24 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.719 of 2016
Anil Behera .... Appellant/
Petitioner
Mr. N.N. Mohapatra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.01.2023
I.A. No.84 of 2023
24. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to
undergo R.I. for a period of twelve years and to pay a
fine of Rs.1,00,000/- (rupees one lakh), in default, to
further undergo R.I. for a period of one year by the
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learned Additional Sessions Judge -cum- Special Judge
under N.D.P.S. Act, Chatrapur, Ganjam in 2(a) C.C. Case
No.02 of 2014(N)/T.R. No.12 of 2014.
Perused the impugned judgment.
The petitioner earlier filed an interim application for
bail in I.A. No.487 of 2022 and since he was taken into
judicial custody on 13.02.2014 and out of ten years of
substantive sentence imposed by the learned trial Court,
he had already undergone substantive sentence of eight
years and three months and no paper books have been
prepared, this Court vide order dated 29.08.2022
granted interim bail for a period of three months to the
petitioner.
Learned counsel for the petitioner submitted that
after availing the interim bail period, the petitioner has
surrendered at right time.
Perused the surrender certificate.
It appears from the note placed by the Office that
paper book has not yet been prepared.
Considering the submissions made by the learned
counsel for the respective parties, the substantive
sentence imposed by the learned trial Court and the
period already undergone by the petitioner in judicial
custody and since the petitioner has not flouted the
earlier order passed by this Court on 29.08.2022 in I.A.
No.487 of 2022 for interim bail, I am inclined to release
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the petitioner on interim bail for a period of three months
from the date of release and he shall surrender before
the learned trial Court immediately on expiry of three
months period.
For the aforesaid period, let the appellant-petitioner
be released on interim bail on furnishing bail bond of
Rs.50,000/- (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the learned trial Court i.e. learned
Additional Sessions Judge -cum- Special Judge under
N.D.P.S. Act, Chatrapur, Ganjam in 2(a) C.C. Case No.02
of 2014(N)/T.R. No.12 of 2014 with further terms and
conditions as the learned Court may deem just and
proper subject to condition that while on interim bail, the
petitioner shall not indulge in any criminal activities in
any manner.
Violation of any terms and conditions shall entail
cancellation of interim bail.
I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
CRLA No.719 of 2016
25. List this matter in the week commencing from
01.05.2023. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
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next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
I.A. No.1398 of 2022
26. After preparation of paper books, this interim
application shall be considered.
( S.K. Sahoo)
Judge
RKM
