Orissa High Court
Mantosh Malakar vs State Of Odisha on 17 October, 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. M.K. Chand, Advocate for
appellants nos.1 to 3.
Mr. S.K. Tripathy, Advocate for
appellant no.4.
Mr. A.K. Sahoo, Advocate for
appellant no.6.
-versus-
State of Odisha .... Respondent/
Opp. Party
Mrs. Saswata Patnaik
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 17.10.2023
I.A. No.2233 of 2023
46. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Mr. Manas Kumar Chand, learned counsel for the
appellants-petitioners nos.1 to 3 submitted that since
// 2 //
the name of the petitioner no.3 and his father's name
have been incorrectly reflected, he wants to confine
this I.A. only for petitioner no.1 Mantosh Malakar and
petitioner no.2 Sarat Chandra Malakar.
Heard.
This is an application for bail.
The appellants-petitioners nos.1 and 2 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 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 petitioners nos.1 and 2 that
the petitioners nos.1 and 2 are in judicial custody
since 19.08.2014 and as such they have already
undergone more than nine years of substantive
sentence out of ten years of sentence imposed by
the learned trial Court and after going through the
custody certificate dated 30.09.2023 produced by
the learned counsel for the State, which also
substantiates the contention raised by the learned
counsel for the petitioners nos.1 and 2 and keeping
// 3 //
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
petitioners nos.1 and 2 on bail.
Let the appellants-petitioners nos.1 and 2,
namely, Mantosh Malakar and Sarat Chandra Malakar
respectively be released on bail pending disposal of
the appeal on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) each 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.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
I.A. No.2238 of 2023
47. This is an application for bail of appellant-
petitioner no.4 Biswajit Ray.
Learned counsel for the State submitted that
instruction has already been sought for for obtaining
the custody certificate of petitioner no.4 and she may
be given some more time in that respect.
// 4 //
List this matter in the week commencing from
06.11.2023.
( S.K. Sahoo)
Judge
I.A. No.2550 of 2023
48. This is an application for bail of appellant-
petitioner no.6 Bikas Biswas.
Learned counsel for the State has received the
copy of the interim application and seeks some time
to obtain the custody certificate as well as instruction
relating to criminal antecedents, if any, against the
petitioner no.6.
List this matter in the week commencing from
06.11.2023.
A free copy of this order be handed over to the
learned counsel for the State.
( S.K. Sahoo)
Judge
RKM
Signature Not Verified
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Oct-2023 14:06:39
