Orissa High Court
Laxman vs State Of Odisha on 16 July, 2025
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.77 of 2023
Laxman .... Appellant
Mr. S.K. Zafarulla, Advocate
-versus-
State of Odisha .... Respondent
Mr. R. Pradhan, A.P.P.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
16.07.2025
Order No.
I.A. No.107 of 2023
03. 1. Realization of fine amount shall remain stayed till disposal of
the appeal.
2. The I.A. is disposed of.
3. Heard Mr. S.K. Zafarulla, learned counsel for Appellant and
Mr. R. Pradhan, learned Additional Public Prosecutor for State-
Respondent.
4. The Appellant, namely, Laxman, who has been convicted by
learned Addl. Sessions Judge-cum-Special Judge, Koraput in the
judgment dated 03.04.2023 in T.R. No.35 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.
5. It is submitted that the Appellant is inside custody since
25.11.2019 till date and in the meantime he is detained inside
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2025 18:10:25
custody for more than five years seven months by now. It is also
submitted that the Appellant has no criminal antecedents.
6. 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."
7. 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
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2025 18:10:25
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."
8. 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.
9. Accordingly, it is directed to release the Appellant, namely,
Laxman on bail pending appeal on such terms and conditions to
be fixed by the learned Additional Sessions Judge-cum-Special
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).
10. The I.A. is disposed of.
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2025 18:10:25
11. List this appeal on 18th August 2025 for hearing.
12. Urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2025 18:10:25
