Orissa High Court
Saula Majhi vs State Of Odisha .... Opposite Party on 1 August, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4303 of 2024
Saula Majhi .... Petitioner
Mr. S.S. Ray, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. G.N. Rout, ASC
BLAPL No.3616 of 2024
Nahushan Mallick @ Nahusan .... Petitioner
Mr. S.S. Ray, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. G.N. Rout, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
01.08.2024
Order No.
03. 1. Since both the matters arise out of Padmapur
P.S. Case No.55 of 2023 pending on the file of
learned Addl. Sessions Judge-cum-Special Judge,
Gunupur for commission of the alleged offence under
Section 20(b)(ii)(C) of the N.D.P.S. Act, they are
heard together and disposed of by this common order
on the consent of the parties.
2. Heard learned counsel for the Petitioners and
learned counsel for the State.
3. Learned counsel, on instruction, submits that
except the present BLAPLs, no other bail applications
of the Petitioners relating to the aforementioned case
are pending in any other Court.
4. Being aggrieved by the rejection of their
application for bail U/s.439 Cr.P.C. by the learned
Addl. Sessions Judge-cum-Special Judge, Gunupur by
order dated 05.04.2024 in the aforementioned case,
the present BLAPL has been filed.
5. This is the fourth journey of the Petitioners to
this Court.
6. It is submitted by the learned counsel that the
Petitioners are in custody since 1.4.2023 on the
accusation of transportation of the contraband
(ganja) to the tune of 64 Kg.
7. It is stated that the charge sheet in the case
at hand has been filed on 20.09.2023, yet the trial is
progressing at a snail's pace.
8. Considering such submission a report was
called for from the learned Court in seisin which
indicates that 2 witnesses have been examined out of
15 cited witnesses.
9. An affidavit has been filed at the behest of the
Petitioners, which is taken on record, indicating that
the Petitioners have been remanded in 2(b)CC Case
No.02 of 2023 for commission of offence allegedly
under Section 51 of the Wildlife Protection Act on the
file of learned J.M.F.C., Padmapur and enlarged on
bail in the said case.
10. The Petitioners primarily seek release on the
ground of procrastination of trial.
11. Such submission is opposed by the learned
counsel for the State in view of the bar contained in
Section 37(1)(b)(ii) of the N.D.P.S Act and relying on
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.
12. It is submitted by the learned counsel for the
State, referring to the report of the learned Addl.
Sessions Judge-cum-Special Judge, Gunupur dated
20.07.2024, that in the meantime trial has already
commenced. The ground of seeking release for non-
commencement of trial as advanced is no longer
tenable.
13. Considering the manner of accusation and
taking into account that the Petitioners are in custody
for more than a year and they have home and hearth
within the jurisdiction of the learned Court in seisin,
this Court directs the Petitioners to be released on
bail on such terms to be fixed by the learned court in
seisin.
14. Before releasing, learned Court in seisin is
requested to verify as to whether the Petitioners have
any criminal antecedents than the one noted under
the Wildlife Protection Act. If it comes to fore that the
Petitioners have any criminal antecedents than the
one noted under the Wildlife Protection Act, this order
shall not be given effect to.
15. Additionally, it is directed that the Petitioners
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.
16. Accordingly, the bail applications stand
disposed of.
17. Urgent certified copy of this order be granted
as per the rules.
(V. Narasingh)
Judge
PKS
Signed by: PRADEEP KUMAR SWAIN
Location: Orissa High Court, Cuttack
Date: 02-Aug-2024 13:46:19
