Md. Guddu And Others vs State Of Odisha
2023 Latest Caselaw 14599 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1078 of 2022

              Md. Guddu and others                  ....    Appellants/
                                                           Petitioners

                                  Ms. Dipti Rekha Nanda,
                                  Advocate

                                      -versus-

              State of Odisha                       ....   Respondent/
                                                           Opp. Party

                                  Mr. Rajesh Tripathy
                                  Addl. Standing Counsel
                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        14.11.2023

                              I.A. No.2050 of 2022

07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application for bail.

The appellants-petitioners have 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 each and to pay a fine of Rs.1,00,000/- (rupees one lakh) each, in default of payment of fine, to undergo rigorous imprisonment for a further period of one year each by the learned Special Judge, Sundargarh // 2 //

vide judgment and order dated 29.09.2022 in Special G.R. Case No.121 of 2015.

Learned counsel for the petitioners submitted that the petitioners are in judicial custody for eight years out of ten years of substantive sentence imposed by the learned trial Court and this is the appeal of the year 2022 and there is no chance of early hearing of appeal in the near future and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State has not only verified the address of the petitioners furnished in the cause title and found it to be correct but he has also produced today a letter dated 13.11.2023 of the Inspector in-charge of Rajgangpur police station to the effect that the local surety Rakesh Kisan's documents are found to be genuine and he is willing to stand as sureties for the petitioners if they are granted bail and there is nothing adverse against him. Earlier the learned counsel for the State has verified that other local surety Kulamani Sandha is willing to act as sureties and he is having no criminal antecedent. The letter is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the period already undergone by the petitioners in judicial custody and keeping in view the ratio laid down by the Hon'ble Apex 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 petitioners on bail.

// 3 //

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties, namely, Rakesh Kisan and Kulamani Sandha 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.

( S.K. Sahoo) Judge

I.A. No.2051 of 2022

08. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellants- petitioners till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Nov-2023 12:38:21