Orissa High Court
Trinath Garnaik vs State Of Odisha on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.459 of 2016
Trinath Garnaik .... Appellant/
Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
15.05.2023
I.A. No.1062 of 2023
19. 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.2,00,000/- (rupees two lakhs),
in default, to undergo further R.I. for a period of two
years by the learned 1st Additional Sessions Judge,
Sambalpur in T.R. Case No.65/07 of 2013-14.
// 2 //
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
out of twelve years of substantive sentence imposed
by the learned trial Court, the petitioner has already
undergone nine years of sentence and the petitioner
was granted interim bail for a period of three months
as per order dated 05.12.2022 in I.A. No.1230 of
2022 and after availing the same, he surrendered at
right time. The surrender certificate has been filed.
Learned counsel further submitted that since at
present there is no chance of early hearing of appeal
in the near future and even paper book has not been
prepared, the petitioner may be granted interim bail
for some period.
Learned counsel for the State has no serious
objection so far as the interim bail of the petitioner is
concerned.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence adduced by the prosecution during trial
and other materials available on record, while not
inclining to release the petitioner on bail on merit, but
taking into account the period of detention of the
petitioner in judicial custody and absence of any
chance of early hearing of the appeal in the near
future, I am inclined to release the petitioner on
interim bail for a period of three months from the date
of release and the petitioner shall surrender before
// 3 //
the learned trial Court immediately on expiry of the
three months period.
For the above period, let the appellant-petitioner
be released on interim bail in 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 trial
Court subject to condition that he shall not indulge in
any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.459 of 2016
20. List this matter in the week commencing from
28.08.2023. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on
the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Signature Not Verified Judge
RKM
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 16-May-2023 16:31:55
