Orissa High Court
Debuli @ Debendra Sahu vs State Of Odisha .... Opposite Party on 18 November, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5548 of 2024
Debuli @ Debendra Sahu .... Petitioner
Mr. Biswabhusan Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.11.2024
Order No.
07. 1. Learned counsel Mr. Biswabhusan Das files
Vakalatnama in terms of the prisoner's petition. The
same is taken on record.
2. Name of Mr. B. Das, learned counsel for the
Petitioner be reflected in the file as well as in the
cause list and in the web portal of this Court.
3. Heard learned counsel for the Petitioner and
learned counsel for the State.
4. The Petitioner is an accused in connection with
C.T. Case No.139 of 2023 pending on the file of
learned Sessions Judge-cum-Special Judge,
Jagatsinghpur, arising out of Jagatsinghpur P.S.
Case No.351 of 2023 for commission of offence
alleged under Sections 21(c)/29 of the NDPS Act.
5. 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.
6. Being aggrieved by the rejection of his
application for bail U/s.439 Cr.P.C. by the learned
Addl. Sessions-cum-Spl. Judge, J.S. Pur,
Jagatsinghpur by order dated 18.05.2024 in the
aforementioned cases, the present BLAPL has been
filed.
7. This is the third journey of the Petitioner to
this Court. Earlier bail application of the Petitioner i.e.
BLAPL No.10187 of 2023 was disposed of as
withdrawn by this Court by order dated 18.09.2023.
Thereafter, the Petitioner had moved this Court in
BLAPL No.1625 of 2024 which was disposed of by
order dated 27.03.2024.
8. It is submitted by the learned counsel that the
Petitioner is in custody since 27.05.2023 on the
allegation that he along with the co-accused are
involved in the transportation of contraband (brown
sugar) to the tune of 321.62 grams.
9. Learned counsel for the Petitioner brings to the
notice of this Court that the Petitioner was released
on interim bail by this Court by order dated
16.08.2024 in I.A. No.802 of 2024 and after expiry of
interim bail period, he has surrendered.
10. It is further submitted by the learned counsel
for the Petitioner that charge sheet has already been
filed on 18.11.2023 and the Petitioner seeks release
primarily on the ground of long incarceration.
11. Learned counsel for the State opposes the
prayer for bail in view of the bar contained in Section
37(1)(b)(ii) of the NDPS Act and submits that the
ground of long detention cannot have universal
application bereft of factual matrix in each case.
12. Considering the submission of the learned
counsel for the Petitioner regarding non-progress in
trial, a report was called for from the learned Court in
seisin. The said report reads as under;
"xxx xxx xxx
-On 30.11.2023 the case record was
received on transfer by this Court at the
stage of consideration of charge.
-Due to want of C.E. report charge
could not be framed till 16.04.2024
which is despite several
correspondences to the I.O. for
submission of C.E. report. On
16.04.2024 the charge was framed
without C.E. report fixing 17.05.2024 for
evidence and summons were issued
according. On 17.05.2024 on the prayer
for adjournment of IIC, Tirtol P.S., the
case is posted to 28.06.2024 for
evidence. Summons stands issued
accordingly.
xxx xxx xxx"
13. Referring to the final form, which is on record,
it is submitted by the learned counsel for the
Petitioner that the prosecution has cited 26 witnesses
and as such the trial is likely to linger. And, it is
further submitted that the Petitioner is aged about 62
years and as he is the first offender, he may be
released on bail.
14. He relies on the judgment of the Apex Court in
the case of Satender Kumar Antil vrs. Central
Bureau of Investigation and another reported in
(2022) 10 SCC 51 and the order of the Apex Court
in the case of Rabi Prakash vs. The State of
Odisha reported in 2023 SCC OnLine SC 1109 and
also order dated 27.09.2024 passed by this Court in
the case of Sania @ Debashis Das vs. State of Odisha
in BLAPL No.8067 of 2024 and reiterates his
submission that the conditional liberty must over ride
statutory embargo.
15. Taking into account the period in custody and
the age of the Petitioner (62 years) and that he is the
first offender, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the
learned Court in seisin.
16. Before releasing, learned Court is requested to
verify the criminal antecedent of the Petitioner. If it
comes to the fore that the Petitioner has criminal
antecedent of any nature, this order shall not be
given effect to.
17. Additionally, it is directed that Petitioner shall
not leave the jurisdiction of the learned Court in seisin
without its express permission and shall appear
before the jurisdictional police station once every two
months 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.
18. Accordingly, the BLAPL stands disposed of.
19. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
Judge
Santoshi
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 19-Nov-2024 11:04:32
