Sanatan Sahoo vs State Of Odisha
2023 Latest Caselaw 13015 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLA No.392 of 2018
                 Sanatan Sahoo                             ....           Appellant
                                                         Mr. A.K. Das, Advocate
                                            -versus-
                 State of Odisha                           ....        Respondent
                                     Mr. K.K. Das, Additional Standing Counsel

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

18.10.2023 Order No.

I.A. No.2176 of 2023

24. 1. The matter is taken up through hybrid mode.

2. Heard Mr. A.K. Das, learned counsel for the Appellant and Mr. K.K. Das, learned ASC for State - Respondent.

3. Present application U/s.389 Cr.P.C has been filed by the Appellant - Petitioner for grant of bail upon appeal. He has been convicted for commission of offence under Section 20(b)(ii)(C) of the NDPS Act and sentenced to undergo R.I. for a period of 10 years along with fine of Rs.1,00,000/-, in default to undergo further R.I. for one year by the learned Judge, Special Court, Dhenkanal in his judgment dated 29th March, 2018 passed in C.T./Spl.(NDPS) Case No.3 of 2015.

4. It is submitted on behalf of the Petitioner that he is inside custody since 28th May, 2015 barring few periods of his interim release during pendency of the appeal.

5. In the circumstances, keeping in view the period of detention of the convict - Petitioner inside custody and pendency of present appeal for hearing, in the opinion of this court, the embargo contained under Section 37(1)(b) of the NDPS Act can be dispensed with, particularly keeping in view the principles propounded in the case of Mohd. Muslim @ Hussain vrs. State (NCT of Delhi), (2023) SCC online SC 352 and Satender Kumar Antil vrs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51.

6. Accordingly it is directed to release the Appellant - Petitioner on bail pending appeal by the learned Judge, Spl. Court, Dhenkanal in C.T./Spl.(NDPS) Case No.3 of 2015, arising out of Gondia P.S. Case No.66 of 2015 on such terms and conditions as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail.

7. The I.A. is accordingly disposed of.

8. List the appeal for hearing in second week of January, 2024.

9. Issue urgent certified copy on proper application.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed

Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 19-Oct-2023 15:57:28