Bikash Baroi vs State Of Odisha
2023 Latest Caselaw 13353 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.119 of 2019

                 1. Bikash Baroi                    ....   Appellants/
                 2. Samir Sarkar                         Petitioners

                                   Mr.Tapan Jyoti Pani, Advocate

                                         -versus-

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

                                   Mr. Priyabrata Tripathy
                                   Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        30.10.2023
                              I.A. No. 121 of 2020

   13.            This    matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Perused the prisoner's petition so also the Vakalatnama filed by Mr. Tapan Jyoti Pani and associates.

Except the names of Mr. Tapan Jyoti Pani and associates, the names of other counsel shall not be reflected in the cause list henceforth.

This is an application for bail.

The appellants-petitioners have been convicted under section 20(b)(ii)(C) 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) // 2 //

each, in default, to undergo rigorous imprisonment for a further period of six months by the learned Sessions Judge -cum- Special Judge, Malkangiri vide judgment and order dated 22.11.2018 in Criminal Trial Case No. 131 of 2016.

Learned counsel for the petitioner submitted that both the appellants were taken into judicial custody on 20.09.2016 and thus, out of ten years of substantive sentence imposed by the learned trial Court, they have already undergone seven years and one month by now and even though paper book has already been prepared, there is no chance of early hearing of the appeal in the near future and therefore, the bail application may be favouraly considered.

Learned counsel for the State opposed the prayer for bail in view of the bar under section 37 of the N.D.P.S. Act since commercial quantity of ganja was seized.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the period of sentence imposed by the learned trial Court and the period already undergone by both the appellants and absence of chance of early hearing of the appeal in the near future and keeping in view the decision of the Hon'ble Supreme Court in the case of Mohd Muslim @ Hussain -Vrs.- State (NCT of Delhi)

// 3 //

reported in 2023 LiveLaw (SC) 260, I am inclined to release the petitioners on bail.

Let the appellants-petitioners 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. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 30-Oct-2023 18:18:08