The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 886 of 2023 Suresh Bisoi … Petitioner Mr. A.R. Panda, Advocate State of Odisha -versus- … Opposite Party Mr. S.R. Roul, ASC CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 11.09.2023 Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No. 33 of 2021 arising out of Kundura P.S. Case No.43 of 2021 pending in the file of learned Sessions Judge-cum-Special Judge, Jeypore, for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 445 Kgs. 800 Grams of Contraband Ganja in a Bolero bearing Regd. No. OD-05M -0607. 3.
Legal Reasoning
Heard, Mr. A.R. Panda, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record. Page 1 of 5 4. From the report submitted by the learned Addl. Sessions Judge-cum-Special Judge, I/c, Jeypore, it depicts a sorry state of affairs where the accused-petitioner has already undergone incarceration for a period of more than two years and three months without charge being framed against the petitioner and in such situation, this Court reasonably entertains a doubt as to when the trial would commence and how much time it would consume to complete the trial, but at the same time, this Court is conscious of the most precious fundamental right of the petitioner as guaranteed under Article 21 of our Constitution, no matter the severity and seriousness of the allegation raised against him, who has definitely a right to speedy trial as provided in our sacred Constitution. It also appears from the report that the case had already suffered seventeen adjournments till 02.05.2023 awaiting chemical examination report and hearing on the point of charge and thereafter, the case record also suffered adjournments after retirement of the Presiding Officer. It is also equally disturbing to note that although there was chemical examination report available in T.R. No. 33(A) of 2021, but no one had bothered to inform the same or make it available in the present case record, for which the petitioner’s valuable right has been crushed like anything awaiting the case record for consideration of charge Page 2 of 5 and now the case record stands posted to 18.09.2023 for consideration of charge. 5. As regards the compliance of first condition of Section 37 of NDPS Act, the leaned ASC having already heard in the matter, the first condition appears to have been complied with. As far as the second condition of Section 37 of the NDPS Act Re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty of the offence and he is unlikely to commit offence while on bail, this Court does not consider it proper to form any opinion in this regard at this stage, especially when the trial is yet to commence, even after custody of the petitioner for near about two years and three months and the settled position of law that an accused is presumed to be innocent unless proven to be guilty beyond all reasonable doubts and that no criminal antecedent of the petitioner is brought to the notice of this Court. The prolong detention of the petitioner in custody generally militates against the most precious Fundamental right guaranteed under Article 21 of the Constitution and thereby, as such the conditional liberty would eclipse the statutory embargo U/S. 37 of NDPS Act. 6. In view of the aforesaid facts and circumstance together with having considered the rival submissions and taking into consideration the release of co-accused namely Mangla Khara in BLAPL No. 5696 of 2023 and taking into account the other circumstance on record in entirety, this Court admits the petitioner to bail. Page 3 of 5 7. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229- A of IPC in accordance with law, (iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case. the petitioner shall report (iv) attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody and (v) the Petitioner shall inform the Court as well as the I.O. as to his place of residence during the trial by providing his mobile number(s), residential address, e-mail, if any, Page 4 of 5 and other documents in support of proof of residence. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case. It is made clear that the Court in seisin of the case, while releasing the petitioner on bail may verify the residential proof of the sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds. 8.
Decision
Accordingly, the BLAPL stands disposed of. 9. Issue urgent certified copy of the order as per Rules. S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2023 14:02:37 (G. Satapathy) Judge Page 5 of 5