Orissa High Court
Rabindra Biswas vs State Of Odisha .... Opposite Party on 20 June, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5942 of 2024
Rabindra Biswas .... Petitioner
Mr. S.S. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
20.06.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with Special
G.R. Case No.56 of 2022 pending on the file of learned Sessions
Judge-cum-Special Judge, Malkangiri, arising out of Malkangiri
P.S. Case No.188 of 2022 for commission of offence alleged under
Sections 20(b)(ii)(C)/25/29 of the 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 Special Judge I/c, Malkangiri by
order dated 03.06.2024 in the aforementioned case, the present
BLAPL has been filed.
5. This is the fourth journey of the Petitioner to this Court.
Earlier the Petitioner moved in BLAPL No.4958 of 2022 wherein
Co-ordinate Bench of this Court by order dated 13.02.2023 while
not entertaining the bail application of the Petitioner, granted liberty
to renew his prayer in the event trial is not concluded within a
period of six months from the date of framing of charge. Thereafter,
the Petitioner had moved this Court in BLAPL No.6485 of 2023
which was rejected by order dated 11.09.2023, thereafter the bail
application of the Petitioner was withdrawn by order dated
17.05.2024 in BLAPL No.2859 of 2024.
6. Learned counsel submits that the Petitioner who is the first
offender is in custody since 08.04.2022 and only 7 witnesses out of
24 cited have been examined in the meanwhile hence primarily on
the ground of procrastination of trial, the Petitioner seeks release.
7. It is submitted by the learned counsel for the Petitioner that
one of the co-accused similarly placed namely, Sinukawasi @ Chita
Kawasi was released on bail by this Court by order dated
18.03.2024 in BLAPL No.13570 of 203. Hence, on the ground of
parity, the Petitioner seeks release and he relies on the judgment of
the Apex Court in the case of Satender Kumar Antil vrs. Central
Bureau of Investigation & another, reported in 2022 (10) SCC 51
on the question of parity.
8. Learned counsel for the State opposes the prayer for bail
keeping in view the rigors of the Section 37(1)(b)(ii) of the NDPS
Act and relying on the order 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 since charge sheet has been
filed prima facie case is well made out against the Petitioner.
Hence, he ought not to be released on bail.
9. Considering that the Petitioner is the first offender and
procrastination of trial as noted, in the light of 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
keeping in view the sacred right of an undertrial as guaranteed
under Article 21 of the Constitution, 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 the criminal antecedent of the Petitioner. If it comes to the
fore that the Petitioner has any criminal antecedent, this order
shall not be given effect to.
11. 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.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
Ayesha
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 21-Jun-2024 11:34:41
