Orissa High Court

Unknown vs State Of Orissa ... Opposite Party on 14 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

            Bharat Ahirwar @ Bharat Singh Ahirwar
            (In CRLA No.1250 of 2023)
            Aravindra Ahirwar
            (In CRLA No.1251 of 2023)
            Rohita Bhoi @ Gadi
            (In CRLA No. 1372 of 2023)
                                        ...        Appellants

                                         Mr. N. Panda, Advocate
                              (for CRLA Nos. 1250 & 1251 of 2023)
                                            Mr. M. Pagal, Advocate
                                      (for CRLA No. 1372 of 2023)

                                   -versus-
            State of Orissa                     ...     Opposite Party
                                              Mr. S.K. Rout, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                                ORDER(ORAL)

Order No. 14.05.2025

06. I.A. Nos.2792 (Bharat Ahirwar @ Bharat Singh Ahirwar), 2795 (Aravindra Ahirwar) & 3090 of 2023(Rohit Bhoi @ Gadi)

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. These are applications by the appellants- petitioners for stay realization of fine till disposal of the appeals.

3. Heard, Mr. Niranjan Panda, learned counsel for the appellants in CRLA Nos. 1250 & 1251 of 2023, Mr. Mrutyunjay Pagal, learned counsel for the appellant in CRLA No. 1372 of 2023 and Mr. S.K.

Rout, learned Addl. Public Prosecutor in the matters and perused the record.

4. Realization of fine from the appellants- petitioners under the impugned judgment in Special Case (NDPS) No. 18/2020 of the Court of learned Addl. Sessions Judge-cum-Special Judge, Kantamal, Dist-Boudh shall remain stayed till disposal of the appeals.

5. Accordingly, the IAs stand disposed of.

I.A. Nos.2793 (Bharat Ahirwar @ Bharat Singh Ahirwar), 2796 (Aravindra Ahirwar) & 3089 of 2023(Rohit Bhoi @ Gadi)

6. These are applications U/Ss. 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") by the appellants for suspension of sentence and grant of bail to the individual appellants- petitioners pending further execution of their sentence till disposal of the appeals.

7. Heard, Mr. Niranjan Panda, learned counsel for the appellants in CRLA Nos. 1250 & 1251 of 2023, Mr. Mrutyunjay Pagal, learned counsel for the appellant in CRLA No. 1372 of 2023 and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matters and perused the record.

8. It is undoubtedly found from the record that the appellants have been convicted for commission of offence punishable U/S. 20(b)(ii)(C) of the NDPS Act and they are accordingly, sentenced to undergo RI for

12 years with payment of fine of Rs. 1,00,000/- each in default whereof, to undergo RI for further period of one year. Moreover, Sec. 37 of the NDPS Act in fact is an interdict for grant of bail to the appellants, unless the conditions therein are satisfied by the accused, but once after conviction of the accused for the said offence, the recording of satisfaction about the said accused person being not guilty of offence become stiffer and strict. In this context, this Court considers it profitable to refer to the decision in State (NCT of Delhi) Narcotics Control Bureau vs. Lokesh Chadha; (2021) 5 SCC 724, wherein the Apex Court has held thus:-

"9.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 Sec. 37 of NDPS Act."

9. In view of the above facts and after having considered the rival submissions and on going through the evidence of the witnesses and regard being had to the conviction of the appellants for offence U/S. 20(b)(ii)(C) of the NDPS Act coupled with the mandate of the law laid down by the Apex Court in Lokesh Chadha(supra), this Court is not inclined to grant bail to the appellants.

10. Hence, the prayer for bail applications of the appellants stand rejected.

11. Accordingly, the IA No. 2793,2796 & 3089 of 2023 stand disposed of.

CRLA Nos. 1250, 1251 & 1372 of 2023

12. The name of Mr. Janaki Kanta Mahapatra, Mr. D. Debadarsini and Mr. D.K. Naik, learned counsels be deleted from the cause list as well as brief in CRLA Nos. 1250 & 1251 of 2023.

13. Since LCR is already available, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

14. List this matter on 22.07.2025.

(G. Satapathy) Judge kishore

Location: HIGH COURT OF ORISSA