Gopal Sethy vs State Of Odisha
2023 Latest Caselaw 5971 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.213 of 2018

              Gopal Sethy                        ....      Appellant/
                                                          Petitioner

                                   Mr. N. Panda, 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.527 of 2023

09. 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 by the learned Additional Sessions Judge -cum- Special Judge, Boudh in Special Case No.36 of 2016 (T) (NDPS Act).

Perused the impugned judgment.

// 2 //

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 16.03.2016 and out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone six years of sentence and the petitioner was granted interim bail for a period of three months as per order dated 07.03.2022 in I.A. No.1140 of 2021 and after availing the same, he surrendered at right time.

The report of the learned trial Court dated 06.05.2022 also indicates the same.

Learned counsel further submitted that 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 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 the learned trial Court immediately on expiry of the three months period.

// 3 //

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.213 of 2018

10. 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) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 16-May-2023 16:31:56