Orissa High Court
Bailochan Behera vs State Of Odisha on 3 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.108 of 2019
Bailochan Behera .... Appellant/
Petitioner
Mr.S. Mohanty, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Priyabrata Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.05.2023
I.A. No.884 of 2023
24. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard the learned counsel for the petitioner and
learned counsel for the State.
The appellant-petitioner Bailochan Behera 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 two years
by the learned Judge, Special Court, Kandhamal,
// 2 //
Phulbani in C.T. Case No.122 of 2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 17.09.2016 and
earlier he was granted interim bail for a period of three
months vide order dated 09.05.2022 passed in I.A.
No.673 of 2022 and after availing the same, he has
surrendered at right time. Learned counsel further
submitted that the petitioner has already undergone
more than six years of substantive sentence imposed by
the learned trial Court and there is no chance of early
hearing of 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 and submitted that since commercial quantity of
ganja has been seized and in view of the bar under
section 37 of the N.D.P.S. Act, the petitioner is not
entitled to be released on bail/interim bail.
Considering the submissions made by the learned
counsel for the respective parties, the substantive
sentence imposed by the learned trial Court and keeping
in view bar under section 37 of the N.D.P.S. Act, while
not inclining to release the petitioner on bail on merit, I
am inclined to release him on interim bail for a period of
three months from the date of release. The petitioner
shall immediately surrender before the learned Court
// 3 //
below on expiry of the said three months period.
For the above period, let the petitioner be released
on interim bail to the satisfaction of the learned trial
Court in connection with the aforesaid case 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 Court in seisin over the matter
including the conditions that the petitioner shall not
indulge in any criminal activities. Violation of any of the
conditions shall entail cancellation of bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
CRLA No.108 of 2019
25. List this matter in the week commencing from 14th
August 2023.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
( S.K. Sahoo)
Judge
Sipun
SIPUN Digitally signed by
SIPUN BEHERA
BEHERA Date: 2023.05.05
11:16:44 +05'30'
