Orissa High Court
Anwar Khan vs State Of Orissa .... Opposite Party on 1 August, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6386 of 2024
Anwar Khan .... Petitioner
Mr. A.N. Pattanayak, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. P.K. Mohanty, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
01.08.2024
Order No.
02. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection
with T.R. Case No.37 of 2022 pending on the file of
learned Additional Sessions Judge-Cum-Special
Judge, Koraput, arising out of Nandapur P.S. Case
No.32 of 2022for commission of offence alleged
under Sections-20(b)(ii)(C) of NDPS Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.439 Cr.P.C. by the learned
Additional Sessions Judge-cum-Special Judge,
Koraput by order dated 11.06.2024 in the
aforementioned case, the present BLAPL has been
filed.
5. This is the fifth journey of the Petitioner to
this Court. Earlier the bail application of the Petitioner
was rejected by order dated 18.10.2022 by this Court
in BLAPL No.9531 of 2022.Thereafter, the Petitioner
had moved in BLAPL No.10809 of 2022, 11792 of
2023 & 979 of 2024, which were rejected by this
Court by order dated 22.02.2023, 08.12.2023 and
27.02.2024 respectively.
6. While not entertaining the bail application of
the Petitioner( BLAPL No.11792 of 2023) by order
dated 08.12.2023, this Court called upon the learned
Trial Court to conclude the trial preferably within a
period of six months taking into account the Petitioner
is in custody since 23.03.2022.
7. Learned counsel for the Petitioner primarily
seeks release on the ground of procrastination of trial
and to fortify his submission, he relies on the
judgment of the Apex Court in the case of Rabi
Prakash vs. The State of Odisha reported in 2023
SCC OnLine SC 1109 and Mohd. Muslim alias
Hussain vs. State (NCT of Delhi) reported in AIR
2023 SC 1648.
8. A report has been received from the learned
Court in seisin regarding status of the trial indicating
that the three witnesses have been examined out of
15 charge sheeted witnesses. The statement of the
witnesses P.W.1 to 3 has been placed on record.
9. Learned counsel for the Petitioner seeks
release of the Petitioner referring to the said
statement of the witnesses that they have been
resiled and relies on the dictum of the Apex Court in
the case of Ankur Chaudhary vs. State of Madhya
Pradesh in SLP(Crl.) No.4648 of 2024 dated
28.05.2024.
10. Learned counsel for the State opposes the
prayer and submits that prima facie the said
judgment is not attracted in the case at hand since
the Petitioner has one criminal antecedent which has
been mentioned in the affidavit filed.
12. Learned counsel for the State further relies the
twin bar contained under Section 37(1)(b)(ii) of the
NDPS Act and the judgment of the Apex Court in the
case of State by the Inspector of Police vs. B.
Ramu in SLP(Crl.) No(s).8137 of 2022 dated
12.02.2024, submits that Petitioner ought not to be
released on bail.
13. Taking into account that the Petitioner is in
custody for more than 2 years and 4 months and
keeping in view his right to speedy trial, this Court
directs the Petitioner to be released on bail on such
terms to be fixed by the learned Court in seisin.
10. Before releasing, learned Court in seisin is
requested to verify as to whether the Petitioner has
any other criminal antecedent than the case at hand
and in which he has been cited as an accused
(Nandapur P.S. Case No.60 of 2019), in which he has
since been released on bail by this Court by order
dated 25.07.2022 in BLAPL No.6206 of 2022.
11. If it comes to the fore that the Petitioner has
any additional criminal antecedent, this order
shall not be given effect to.
12. And, learned Court in seisin is requested to
intimate this Court so that this Court will consider
taking necessary follow up action.
13. Additionally, it is directed that Petitioner shall
appear before the jurisdictional police station once
every month on such date and time to be fixed by the
learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted
as per the rules.
(V. NARASINGH)
Soumya Judge
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 03-Aug-2024 12:49:10
