Orissa High Court
Mahendra Kumar & Ors vs State Of Odisha on 25 November, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.283 of 2023
Mahendra Kumar & Ors. ..... Appellants
Represented By Adv. -
Ms.Soma Patnaik
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Jnyanananda Panda,
C.G.C. for NCB
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.11.2025
Order No.
24. I.A. No.2474 of 2025
1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Appellant No.2 as well as
learned CGC representing the NCB.
3. The present I.A has been filed with a prayer to release the
convict-appellant No.2 on bail by suspending the sentenced
imposed by the learned trial court vide judgment dated 27.02.2023
in T.R Case No.21 of 2019 by the learned Sessions Judge-cum-
Special Judge, Rayagada. By virtue of the impugned judgment, the
appellants have been convicted for commission of an offence
punishable under Section 20(b)(ii)C of NDPS Act and they have
been sentenced to undergo R.I for 10 years and to pay a fine of
Rs.1,00,000/-.
4. Learned counsel for the appellants at the outset contended
that the appellant No.2 stands in a similar footing with the appellant
No.1. She further contended that both the appellants were initially
arrested on 19.05.2019 and they were continuing in custody till the
date of delivery of judgment of the learned trial court. She further
contended that after conviction they were continuing in jail
custody. Learned counsel for the appellants at this juncture
referring to the order passed by the Hon'ble Supreme Court in
Criminal Appeal No.3650 of 2025 in the matter Mahendra Kumar
(Appellant No.1 in the present case) vs. State of Odisha dated
19.08.2025, stated before this Court that the Hon'ble Apex Court
has allowed the appellant No.1, namely, Mahendra Kumar to go on
bail by suspending his sentence.
5. On perusal of order dated 19.08.2025 of the Hon'ble
Supreme Court, this Court observes that the appellant No.1 has
been enlarged on bail as he was in custody for a period of 6 years
and 3 months and the appeal preferred by the appellant in the year
2023 is likely to take substantial time for final disposal.
Accordingly, the Hon'ble Supreme Court was inclined to suspend
the sentence and grant bail to the appellant No.1. Learned counsel
for the State at this stage further contended that in the meantime the
appellant No.1 has been released on bail from jail custody.
6. So far the present appellant no.2 is concerned, it is stated that
he also stands in a similar footing with the appellant No.1. Learned
counsel for the appellants contended that the appellant No.2 is
languishing in jail custody for more than six and half years. She
further submitted that taking into consideration the fact that the
appeal, which was filed in the year 2023, is not likely to be taken
up for final hearing in the near future and that the appellant No.1
has been released on bail by the Hon'ble Apex Court, the appellant
No.2 be also enlarged on bail by suspending his sentence.
7. Mr.Panda, learned CGC appearing on behalf of the NCB on
the other hand objected to the release of the appellant No.2 on bail.
He further contended that there exists a prima facie case against the
present appellant No.2 as he has already been found guilty and
convicted by the learned trial court. He also drew attention of this
Court to the quantity of the contraband articles seized during the
search and seizure. He further contended that in the event the
appellant No.2 is released on bail there is every likelihood that he
might indulge in similar nature of offences. On such ground,
learned counsel for the NCB contended that the bail application of
the appellant No.2 be rejected at this juncture.
8. Having regard to the submissions made by learned counsels
appearing for the respective parties, on a careful examination of the
materials on records as well as the impugned judgment, further
taking note of the order dated 19.08.2025 passed by the Hon'ble
Supreme Court in the case of appellant No.1, this Court found that
the appellant No.2 stands in an identical footing with the appellant
No.1. Moreover, the grounds on which the Hon'ble Apex Court has
released the appellant No.1 on bail by suspending his sentence are
also applicable to the present appellant No.2. In such view of the
matter, this Court is inclined to release the appellant No.2 on bail.
9. Accordingly, it is directed that the appellant No.2 be released
on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty
Thousand) with two local solvent sureties each of the like amount
to the satisfaction of the court in seisin over the matter. The release
of the appellant No.2 shall also be subject to such other stringent
terms and conditions as would be imposed by the learned trial court
at the time of his release on bail.
10. Accordingly, the I.A stands disposed of.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 27-Nov-2025 14:37:36
