Orissa High Court
Santosh Singh vs State Of Odisha on 18 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 498 of 2024
Santosh Singh ..... Appellant/Petitioner
Mr. Amulya Ratna Panda,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. A.K. Apat, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 18.09.2025
I.A. No.1233 of 2024
17. This I.A. has been filed by the appellant for bail.
This matter was heard on 09.09.2025 and the
following order was passed:
1. Heard Mr. Amulya Ratna Panda, learned
counsel appearing for the appellant and Mr. A.K.
Apat, learned Additional Government Advocate
appearing on behalf of the Respondent-State.
2. While pressing the interim application,
learned counsel for the appellant submits on the
question of suspension of sentence during the
pendency of the appeal. The appeal was heard in
conclusively.
3. Mr. Panda, learned counsel has pointed out
that in the present case, the provisions of Section
55 and 52 (A) of the N.D.P.S. Act has not been
complied with. He has also taken me to the
evidences of P.Ws. 1, 2, 11, 13 and 18 to
substantiate the case. He has also submitted that
the learned trial Court, while convicting the
appellant for the offence punishable under Section
20 (b)(ii)(c) of the N.D.P.S. Act for the alleged
recovery of 37 kgs. of contraband ganja,
sentenced him to undergo R.I. for ten years. Out
of the said sentence, the appellant has already
undergone the substantive part i.e. four years,
seven months and twenty-one days. He further
submits that although the bar under Section 37 of
the N.D.P.S. Act operates even at the stage of
grant of bail in the appellate stage, but the
Hon'ble Supreme Court in the case of Nacotic
Control Bureau vs. Lakhwinder Singh reported
in 2025 INSC 190 has held in paragraph-7 thus:
"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 vs. 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 rights of
the accused under Article 21 of the Constitution
of India."
4. On the basis of the aforementioned
judgment of the Hon'ble Supreme Court and the
nature of the evidence and the fact that the
appellant has already undergone substantive part
of the sentence, he submits that the appellant is
entitled to bail during pendency of the appeal.
5. Taking into consideration the
aforementioned, the learned State Counsel is
directed to obtain the custody certificate of the
appellant from the concerned jail authority so also
the jail conduct and the criminal antecedent of the
appellant within a week.
6. List this matter on 18.09.2025 along with
CRLA No.505 of 2024.
Pursuant to the aforementioned order, the
Superintendent, District Jail, Balangir has submitted a
report dated 15.09.2025 which reads as under:
"In inviting a kind reference to the letter on the
referred subject, I have the honour to submit
that, the Convict No.5791/A Santosh Singh, (aged
about 48 Yrs.) S/O. Har Dayal Singh of Village
Kalamatihania, P.S. Biswambarpur, Dist.
Gopalganj (Bihar) was admitted to this Jail on
30.01.2021 as UTP in connection with Special G.R.
Case No.13/2021 (arising out of Balangir Town
P.S. Case No.68/2021 20 (b)(ii) (c) NDPS Act and
subsequently being convicted on 29.02.2024 in
the aforesaid case and was sentenced to R.I. for
ten years and fine of rupees one lakh, in default to
undergo R.I. for further period of one year. The
conduct and behavior of Convict Santosh Singh is
satisfactory. He has maintained a respectful and
cooperative demeanor with both fellow inmates
and staff members. His compliance with prison
rules and regulations is satisfying and no
misconduct or misbehavior has been reported
during his incarceration period at this jail. Further,
on query with the co-inmates of the convict
concerned, who are sharing ward with him, it is
found that his behavior, attitude and mode of
talking is normal as like as others and there is no
any case pending against him except this case.
Further, the custody certificate of convict Santosh
Singh is enclosed herewith for favour of kind
perusal."
The Superintendent, District Jail, Balangir has also
submitted the Custody Certificate of the appellant. As
per the said custody certificate, the appellant has
already spent about 1689 days in the custody.
Regard being had to the aforementioned report
submitted by the Superintendent, District Jail, Balangir,
Mr. Amulya Ratna Panda, learned counsel appearing for
the appellant submits that the appellant is entitled to
bail pending the Criminal Appeal as there is no
possibility of the appeal being heard in near future.
However, the learned counsel for the State has
reservation, only because of the reason that the
appellant is an outsider. Learned counsel for the State
further submits that there is every likelihood that the
appellant may abscond once he is admitted to bail.
Taking into consideration the submissions made by
the learned counsels for the respective parties at the
Bar, for the time being, the appellant Santosh Singh is
granted three months interim bail from the date of his
release with appropriate conditions to be imposed by
the learned trial Court. Immediately after expiry of the
three months interim bail period, the appellant shall
surrender before the jail authority.
While enlarging the appellant on interim bail, the
appellant shall furnish a local surety and also furnish his
present and permanent address besides the other
condition to be imposed by the court below as it deem
fit and proper. On verification of the addresses, the
learned trial Court shall release the appellant on interim
bail.
List this matter after the ensuing Durga puja
holidays.
The I.A. is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 18-Sep-2025 17:12:19
