Orissa High Court
) N.Santosh Kumar Choudhury vs State Of Odisha on 21 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.462 of 2023
1) N.santosh Kumar Choudhury ..... Appellants
2) Sangi Represented By Adv. -
Bikram Chandra
Ghadei, M/s.tapan Jyoti
Pani, S.r.panda, Shaym
Monohar Mishra,
Advocate for Appellant
No.1
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr. C.M.Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 21.08.2025
28. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Appellant No.1 as well as learned
counsel for the State.
3. The present application has been filed with a prayer to release the
convict Appellant No.1 on bail/for suspension of sentence.
4. The aforesaid appeal has been filed memo at the instance of the
convict appellant No.1 thereby challenging the judgment of conviction
dated 03.04.2023 passed in T.R. No.35 of 2019 which corresponds to
Padwa P.S. case No.85 dated 25.11.2019 by the learned Additional
Sessions Judge-cum-Special Judge, Koraput.
5. Learned counsel for the Appellant No.1 at the outset contended
that as per the F.I.R. allegation six accused persons were travelling in
one vehicle out of the abovenoted six accused persons one accused
namely Raghu fled away from the spot and rest five accused persons
were apprehended from the spot. Thereafter, the remaining five accused
persons were arrested from the spot, faced trial and convicted by the
learned trial court.
6. Learned counsel appearing for the Appellant No.1 further
contended that after conviction of the appellant No.1 in the abovenoted
case, the accused appellants have preferred the abovenoted criminal
appeal along with an I.A. for bail. He further referred to the appeals
preferred by the accused Pujari, Laxman and N.Santosh Kumar
Choudhury bearing Criminal Appeal No.447 of 2023, JCRLA No.77 of
2023 and Criminal Appeal No.462 of 202 respectively and contended
that the said three accused persons were also apprehended along with
the present Appellant No.1 from the present spot. A coordinate bench of
this Court vide order dated 16.07.2025 has been pleased to release the
aforementioned accused persons on bail in I.A. No.2773 of 2024, I.A.
No.108 of 2023 and I.A. No.617 of 2024 arising out of the respective
criminal appeals.
7. Learned counsel for the Appellant No.1 at this juncture, referring
to the order dated 16.07.2025, passed in case of Appellant Pujari,
Laxman and N.Santosh Kumar Choudhury, stated before this Court that
the learned coordinate bench has taken note of several aspects of the
matter and has referred to the impugned judgment of the Hon'ble
Supreme Court and finally the convicted appellants have been directed
to be released on bail subject to furnishing a bail bond of Rs.3000/- with
two solvent sureties each of the like amount.
8. Learned counsel for the State on the other hand objected to the
release the Appellant No.1 on bail on the ground that the Appellant
No.1 have been convicted of an offence punishable under Section
20(b)(ii)(c) of the NDPS Act and sentenced to undergo RI for 10 years
with fine that has been imposed the impugned judgment. In view of the
aforesaid development, learned counsel for the State further contended
that there exists a prima facie case against the present Appellant No.1 as
they have already been convicted. In such view of the matter, learned
counsel for the State objected to release the petitioner on bail.
9. Having regard to the submissions made by the learned counsels
appearing for the respective parties, on a careful examination of the
impugned judgment, further taking note of the fact that three of the
accused persons, who stand in a similar footing, have already been
enlarged on bail to the present Appellant No.1 and were arrested on the
spot, this Court is inclined to release the present Appellant No.1 on bail,
subject to such terms and conditions as would be deemed just and
proper by the court in seisin over the matter. Additionally, it is directed
that release of the Appellant No.1 shall be subject to the Appellant No.1
furnishing bail bond of Rs.50,000/- one solvent surety of the like
amount to the satisfaction of the Court in seisin over the matter, but
subject to verification of criminal antecedent of the Appellant No.1. In
the event it is found by the learned court below that the Appellant No.1
is having any similar criminal antecedent, then this order shall
automatically stand revoked.
10. Accordingly, I.A. is disposed of.
( A.K. Mohapatra)
Judge
Rubi
