Orissa High Court
Mantosh Malakar vs State Of Odisha on 8 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.20 of 2016
1. Mantosh Malakar
2. Sarat Chandra Malakar
3. Babutosh Malkar
4. Biswajit Ray
5. Prabhas Biswas
6. Bikas Biswas .... Appellants/
Petitioners
Mr.S.K. Tripathy, Advocate (for
appellant no.4)
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.11.2023
I.A. No. 2238 of 2023
49. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for grant of bail to
appellant petitioner no.4 Biswajit Ray.
Heard the learned counsel for the appellant-
petitioner no.4 and learned counsel for the State.
The appellant-petitioner no.4 along with others
has been convicted under section 20(b)(ii)(C) of the
N.D.P.S. Act and sentenced to undergo rigorous
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imprisonment for a period of ten years and to pay a
fine of Rs.1,00,000/- (rupees one lakh), in default of
payment of fine, to undergo rigorous imprisonment
for a further period of two years each by the learned
Sessions Judge -cum- Special Judge, Malkangiri vide
judgment and order dated 04.12.2015 in Criminal
Trial No.97 of 2014.
Considering the submission made by the
learned counsel for the appellant-petitioner no.4 that
the petitioner no.4 has already undergone more six
years and nine months of substantive sentence and
he was released on interim bail for some period by
this Court and after availing the same, he
surrendered at right time and even though paper
book has been prepared, there is no chance of early
hearing of the appeal in the near future and after
hearing the learned counsel for the State, who has
not disputed the sentence period of appellant no.4
and keeping in view the ratio laid down by the
Hon'ble Supreme Court in the case of Mohd Muslim
@ Hussain -Vrs.- State (NCT of Delhi) reported
in 2023 LiveLaw (SC) 260, I am inclined to
release the appellant-petitioner no.4 on bail.
Let the appellant-petitioner no.4, namely,
Biswajit Ray be released on bail pending disposal of
the appeal on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) with two solvent sureties
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each for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as
the learned Court may deem just and proper.
The I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
I.A. No. 2564 of 2023
50. This is an application for grant of bail to
appellant petitioner no.3 Babutosh Malkar.
Heard the learned counsel for the appellant-
petitioner no.3 and learned counsel for the State.
The appellant-petitioner no.3 along with others
has been convicted under section 20(b)(ii)(C) of the
N.D.P.S. Act and sentenced to undergo rigorous
imprisonment for a period of ten years and to pay a
fine of Rs.1,00,000/- (rupees one lakh), in default of
payment of fine, to undergo rigorous imprisonment
for a further period of two years each by the learned
Sessions Judge -cum- Special Judge, Malkangiri vide
judgment and order dated 04.12.2015 in Criminal
Trial No.97 of 2014.
Considering the submission made by the
learned counsel for the appellant-petitioner no.3 that
the petitioner no.3 has already undergone more
eight years and five months of substantive sentence
// 4 //
and he was released on interim bail for some period
by this Court and after availing the same, he
surrendered at right time and even though paper
book has been prepared, there is no chance of early
hearing of the appeal in the near future and after
hearing the learned counsel for the State, who has
not disputed the sentence period of appellant no.3
and keeping in view the ratio laid down by the
Hon'ble Supreme Court in the case of Mohd Muslim
@ Hussain -Vrs.- State (NCT of Delhi) reported
in 2023 LiveLaw (SC) 260, I am inclined to
release the appellant-petitioner no.3 on bail.
Let the appellant-petitioner no.3, namely,
Babutosh Malkar be released on bail pending disposal
of the appeal on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) with two solvent sureties
each for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as
the learned Court may deem just and proper.
The I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
I.A. No. 2550 OF 2023
51. This is an application for grant of bail to
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appellant petitioner no.6 Bikas Biswas.
Learned counsel for the State seeks some time
to obtain the custody certificate of appellant petitioner
no.6.
List this matter on 15.11.2023.
Instruction shall be obtained in the meantime.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 09-Nov-2023 17:01:43
