Raushan Kumar vs State Of Odisha
2024 Latest Caselaw 16719 Ori

Orissa High Court

Raushan Kumar vs State Of Odisha on 14 November, 2024

Author: S.K.Sahoo

Bench: S.K.Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.
                                 No.399 of 2017

            Raushan Kumar                   .....     Appellant/
                                                    Petitioner
                                        Mr. N.K. Mohanty,
                                        Advocate
                                        -versus-

            State of Odisha                 .....   Respondent/
                                                    Opp. Party
                                        Mr. D.R. Bhokta,
                                        Central Govt. Counsel (N.C.B.)

                                           CORAM:
                     THE HON'BLE MR. JUSTICE S.K.SAHOO
                                         ORDER

Order No.                              14.11.2024
                                   I.A. No.2249 of 2024
   20.              This    matter    is    taken   up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

Perused the impugned judgment.

The appellant-petitioner appellant petitioner has been convicted for the offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of eleven years and to pay a fine of Rs.1,00,000/-

Rs.1,00,000/ (rupees one lakh), in default, to undergo R.I. for a further period of one year by the learned Sessions Judge -cum- Special Judge, Cuttack vide judgment and order dated 27.03.2017 passed in G.R. Case No.18 of 2015.

Learned counsel for the petitioner has produced the custody certificate of the petitioner dated 07.11.2024 issued by the Senior Superintendent, Circle Jail, Cuttack at Choudwar, which indicates that the th petitioner is in judicial custody for more than nine years, six months and ten days. The custody certificate is taken on record.

Learned counsel for the petitioner submitted that out of eleven years of substantive sentence imposed by the learned trial Court, the petitioner has remain remained in judicial custody for more than nine years and since the paper book has not been prepared, there is no chance of early hearing of the appeal in the near future and therefore, the bail application of the petitioner may b be favourably considered.

Learned counsel appearing for N.C.B. opposed the prayer for bail and submitted that the petitioner is a man from the State of Bihar.

Considering the submissions made by the learned counsell for the respective parties parties, the sentence imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody and since the paper book has not been prepared, there is no chance of early hearing of the appeal in the near future and keeping in view the ratio laid down by the Hon'ble Supreme Court in the case of Mohd Muslim @ Hussain -Vrs.

Vrs.- State (NCT of Delhi) reported in 2023 LiveLaw (SC) 260, I am inclined to release the petitioner on bail.

Let the appellant/petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with one local solvent surety 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.

Since the petitioner is a man from the district of Rohtas in the State of Bihar, the learned trial Court before accepting the bail bond shall verify as to whether the address furnished by the petitioner in cause title of the appeal memo is correct or not and the genuineness of the bailor and the authenticity of the document of the surety shall be verified properly.

The I.A. is accordingly disposed of of.

Issue urgent certified copy as per Rules.

Rul

( S.K. Sahoo) Judge

sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Nov-2024 12:50:27