Gopal Sethy vs State Of Odisha
2023 Latest Caselaw 12875 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.213 of 2018

              Gopal Sethy                           ....      Appellant/
                                                            Petitioner

                                   Mr. Niranjan Panda, Advocate

                                         -versus-

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

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                    ORDER

Order No.                        17.10.2023
                              I.A. No.2297 of 2023

   12.            This    matter    is    taken     up    through   Hybrid

arrangement (video conferencing/physical mode).

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

This is an application under section 389 Cr.P.C. for grant of bail.

The appellant-petitioner 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, to undergo rigorous imprisonment for a further period of one year by the learned Addl. Sessions Judge -cum- Special Judge, // 2 //

Boudh vide judgment and order dated 08.01.2018 in Special Case No.36/2016(T)(NDPS Act).

Learned counsel for the petitioner submitted that that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone more than seven years of sentence and twice he has been granted interim bail by this Court each time for a period of three months and after availing the same, he surrendered at right time. Learned counsel further submitted that since there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favourably considered.

As per the order dated 04.10.2023, the learned trial Court i.e. Addl. Sessions Judge -cum- Special Judge, Boudh has submitted the status report dated 07.10.2023 from which it reveals that the petitioner after availing the interim bail order dated 15.05.2023 passed in I.A. No.527 of 2023 has surrendered at right time.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the conduct of the petitioner in complying with the

// 3 //

earlier interim bail order 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 petitioner on bail.

Let the appellant-petitioner 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

sipun

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Oct-2023 13:57:33