Angad Mallick vs State Of Odisha
2023 Latest Caselaw 12876 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.91 of 2018

              Angad Mallick                         ....     Appellant/
                                                           Petitioner

                                   Mr. Niranjan Panda, Advocate

                                         -versus-

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

                                   Mr. Arupananda Das
                                   Addl. Govt. Advocate

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                    ORDER

Order No.                        17.10.2023
                              I.A. No.2298 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.

Perused the impugned judgment.

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 Sessions Judge -cum- Special Judge, Boudh // 2 //

vide judgment and order dated 27th November 2017 in 2(a) C.C. Case No.20 of 2015 (NDPS Act).

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 30.11.2015 and as such he has already undergone eight years of substantive sentence out of ten years of sentence imposed by the learned trial Court and he has not availed the interim bail order dated 15.05.2023 passed in I.A. No.210 of 2023 which is also finds place in the status report submitted by the learned trial Court and since there is no chance of early hearing of the appeal in the near future 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.

                                        ( S.K. Sahoo)
                  Signature Not Verified    Judge
sipun
                  Digitally Signed
                  Signed by: SIPUN BEHERA

Designation: Junior Stenographer Reason: Authentication

Date: 18-Oct-2023 13:57:33