Orissa High Court
Dass vs State Of Odisha on 5 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1238 of 2023
Dass ..... Appellant
Mr. D. Sahoo, Adv.
-versus-
State Of Odisha ..... Respondent
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
05.08.2025
Order No.
08. I.A. Nos.2780 & 2753 of 2023
1. This matter is taken up through Hybrid mode.
2. Realization of fine amount shall remain stayed till disposal of
the appeal.
3. Accordingly, the I.As. stand disposed of.
I.A. Nos.2752 & 2781 of 2023
4. Heard Mr. Sahoo, learned counsel for Appellant and Mr.
Parhi, learned Additional Standing Counsel for State-Respondent.
5. The Appellant, namely, Dass, who has been convicted by
learned Addl. Sessions Judge, Koraput in T.R. No.01 of 2019 for
commission of offence under Section 20(b)(ii)(C) of the NDPS Act
and sentenced to undergo R.I. for 10 years along with fine, has
prayed to release him on bail pending appeal.
6. It is submitted that the Appellant is inside custody since
13.10.2019 till date and in the meantime he is detained inside
custody for more than five years seven months by now. It is also
submitted that the Appellant has no criminal antecedents.
7. Hon'ble Supreme Court in the case of State (NCT of Delhi)
Narcotics Control Bureau v. Lokesh Chadha, (2021) 5 SCC 724
have held as follows:-
"where the trial has ended up in an order of
conviction, the High Court, when a suspension of
sentence is sought U/S.389(1) of Cr.P.C., must be duly
cognizant of the fact that a finding of guilt has been
arrived at by the learned trial Judge at the conclusion
of the trial and the High Court may do so for sufficient
reasons which must have a bearing on the public
policy underlying the incorporation of Section 37 of
NDPS Act."
8. In the case of Narcotic Control Bureau v. Lakhwinder Singh,
2025 SCC OnLine SC 366, where the convict has undergone a
period of 4 and half years out of 10 years for the offence under the
NDPS Act, the apex court has confirmed his release on bail pending
appeal. The relevant observations are as follows:-
"7. At this stage, the learned ASG appearing for
the petitioner submitted that the power of the Court
was constrained by Section 37 of the NDPS Act, which
is applicable even at the stage of an appeal. He relies
upon a decision of this Court in the case of Dadu v
State of Maharashtra, (2000) 8 SCC 437. There is no
dispute about the fact that the Appellate Court is
bound by constraints of Section 37 of the NDPS Act
while considering the prayer for the grant of bail
during the pendency of an appeal. However, if, in the
facts of the case, an accused has undergone a
substantial part of the substantive sentence and,
considering the pendency of criminal appeals, his
appeal is not likely to be heard before the accused
undergoes the entire sentence, the Appellate Court can
exercise the power of releasing the accused on bail
pending the appeal. If the relief of bail is denied in
such a factual situation only on the grounds of Section
37 of the NDPS Act, it will amount to the violation of
the right of the accused under Article 21 of the
Constitution of India.
8. In this case, the appeal preferred by the
respondent is not likely to be heard before he
undergoes the entire sentence. He has already
undergone a substantial part of his 10-year sentence.
Therefore, there is no reason to interfere with the
impugned order in the facts of the case. The Appeal is,
accordingly, dismissed. However, if the respondent
misuses the liberty granted to him under the impugned
order, the appellant can always apply for cancellation
of bail."
9. Of course there are statutory restrictions as per Section 37(1)
of the NDPS Act for releasing an accused on bail and it is no more
res integra that such restrictions would also apply in respect of
prayer for bail pending appeal. The case in hand is an appeal of the
year 2023 and by now the Appellant has already undergone custody
period for more than five years seven months. So taking into
consideration the substantive period of sentence undergone by the
Appellant as on date, out of 10 years of sentence imposed, this Court
is inclined to release the Appellant on bail pending appeal.
10. On perusal of the record, it appears that the appellant in the
present case does not belong to the State of Odisha, therefore, by
releasing the appellant on bail the learned trial Court shall impose
certain stringent conditions to ensure that the appellant surrenders in
time in the event the judgment of the learned trial Court is upheld by
this Court.
11. Accordingly, it is directed to release the Appellant, namely,
Dass on bail pending appeal on such terms and conditions to be
fixed by learned Additional Sessions Judge, Koraput in the aforesaid
case including the condition that the Appellant shall furnish bail
bond of Rs.50,000/- (fifty thousand) with two solvent sureties (with
proper identity proof).
12. Accordingly, the I.As. stand disposed of.
13. List this appeal on 18th August, 2025 for hearing.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 06-Aug-2025 17:16:37
