Orissa High Court
Bishnu Charan 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.463 of 2018
1. Bishnu Charan
Thati Appellants//
.....
2. Sarat Kumar Sahu Petitioners
Mr. P.C. Sejpada,
Advocate for appellant/
petitioner no.1
-versus-
State of Odisha ..... Respondent/
Respondent
Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
ORDER
Order No. 14.11.2024
32. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Perused the prisoner's petition at "Flag
"Flag-P"
P" in which
a prayer has been made by the appellant no.1 Bishnu
Charan Thati to engage Mr. P.C. Sejpada instead of Mr.
Kuresh Prasad Dash as his counsel.
Prayer is allowed.
Mr. P.C. Sejpada, learned counsel submitted that
he has already filed Vakalatnama for the appellant no.1
Bishnu Charan Thati.
The name of Mr. Kuresh Prasad Dash and his
associates shall not be reflected in the cause list
henceforth.
( S.K. Sahoo)
Judge
33. This is an application under section 389 of Cr.P.C.
for grant of bail of appellant/petitioner no.1 Bishnu
Charan Thati.
Learned counsel for the appellant/petitioner no.1
submitted that he does not want to press this I.A.
In view of such submission, the I.A. stands
disposed of as not pressed.
( S.K. Sahoo)
Judge
34. This is an application under Section 389 of Cr.P.C.
for grant of bail of appellant/petitioner no.1 Bishnu
Charan Thati.
Heard.
Perused the impugned judgment.
The appellant
appellant-petitioner no.1 Bishnu Charan Thati
along with another has been convicted for the offence
punishable under section 20(b)(ii)(C) of the N.D.P.S.
Act and sentenced to undergo twelve 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 two years and six
month by the learned Addl. Sessions Judge & Special
Judge, Phulbani vide judgment and order dated
16.04.2018 passed in G.R. Case No.52 of 2015.
Learned counsel for the petitioner no.1 submitted
that petitioner no.1 is similarly situated like the
appellant no.2 Sarat Kumar Sahu,
Sahu, who has been
directed to be released on bail by this Court vide order
dated 30.08.2024 and out of twelve years of
substantive sentence imposed by the learned trial
Court, the petitioner no.1 has already undergone eight
years of substantive sentence. Learned
Learned counsel further
submitted that the petitioner no.1 was earlier granted
interim bail and after availing the same, he surrendered
at the right time and since the paper book has not been
prepared, there is no chance of early of the appeal in
the near future
ture and therefore, the bail application of the
petitioner no.1 may be favourably considered.
Learned counsel for the State
State,, on the other hand,
opposed the prayer for bail.
bail
Considering the submissions made by the learned
counsel for the respective parties, the sentence imposed
by the learned trial Court, the period already undergone
by the petitioner no.1 in judicial custody, release of the
appellant no.2 on bail and since the
e 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.- State (NCT
of Delhi) reported in 2023 LiveLaw (SC) 260, I am
inclined to release the petitioner no.1 on bail.
Let the appellant/petitioner no.1 Bishnu Charan
Thati be released on bail pending disposal of the appeal
on furnishing
shing bail bond of Rs.20,000/-
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.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Nov-2024 12:50:27
