Sadhaba Meher vs State Of Odisha
2023 Latest Caselaw 2011 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.591 of 2017

              Sadhaba Meher                        ....       Appellant

                                  Sk. Zafarulla, Advocate

                                        -versus-

              State of Odisha                      ....     Respondent

                                  Mr. Rajesh Tripathy
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                    ORDER

Order No. 09.03.2023 I.A. No. 408 of 2023

22. 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 ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for a period of one year for the offence under section 20(b)(ii)(C) of the NDPS Act and R.I. for three years and to pay a fine of Rs.1000/- (rupees one thousand), in default, to undergo R.I. for six months for the offence under // 2 //

section 25 of the Arms Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge -cum- Special Judge, Boudh in Special Case (NDPS) 40 of 2015.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner was taken into judicial custody on 29.06.2015 and he was never released on bail during trial and during pendency of this criminal appeal, he was granted interim bail for some period i.e., 22.11.2021 to 06.12.2021 on the ground of his son's marriage in I.A. No. 1114 of 2021 and after availing the same, he surrendered at right time and further in Misc. Case No. 1543 of 2017, he was granted interim bail for a period of three months and after availing the said interim bail period, he surrendered at right time. Learned counsel further submitted that though paper books have already been prepared, there is no chance of early hearing of the appeal in the near future and therefore, the petitioner may be granted interim bail for some period.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the commercial quantity of ganja seized and in view of the

// 3 //

bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail on merit, but taking into account the sentence imposed by the learned trial Court, the period of detention of the petitioner in judicial custody and the conduct of the petitioner in surrendering before the learned trial Court after availing the interim bail periods, I direct the petitioner to be released on interim bail for a period of three months from the date of his release. The petitioner shall surrender before the learned Court below immediately on the expiry of the said 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 Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo