Meta Mallick vs State Of Odisha
2023 Latest Caselaw 12877 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.70 of 2018

              Meta Mallick                            ....          Appellant/
                                                                  Petitioner

                                    Ms. B.L. Tripathy, 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
   05.            This     matter    is    taken     up     through      Hybrid

arrangement (video conferencing/physical mode).

Learned counsel for the petitioner has filed the surrender certificate, which is taken on record.

( S.K. Sahoo) Judge I.A. No.2073 of 2019

06. This is an application for interim bail.

Learned counsel for the petitioner submits that she does not want to press this interim bail application.

Accordingly, the I.A. stands dismissed as not pressed.

( S.K. Sahoo) Judge // 2 //

I.A. No.1854 of 2023

06. 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 vide judgment and order dated 20th November 2017 in 2(a) C.C. Case No.19 of 2015 (NDPS Act).

Considering the submission made by the learned counsel for the petitioner that the petitioner has remained in custody near about eight years out of ten years of sentence imposed by the learned trial Court and he was granted interim bail for a period of three months as per order dated 15.11.2021 passed in Misc. Case No.847 of 2021 and after availing the same, he surrendered at right time and on hearing learned counsel for the State 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

// 3 //

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 Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication

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