Hussain v. State
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4240 of 2024 Bhim Mondol @ Bhim Monbol ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. – Mr. Jugala Kishore Panda Opposite Party Represented By Adv. –
Legal Reasoning
Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 17.12.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of B.N.S.S. has been filed by the Petitioner for regular bail in connection with 2(a)CC Case No.58 of 2022, arising out of Cuttack Excise P.R. Case No.310 of 2022-23, pending in the Court of learned 1st Additional Sessions Judge, Cuttack, for alleged commission of offence punishable under Sections 20(b)(ii)(c) of N.D.P.S. Act. 4. Learned counsel for the Petitioner submits that the Petitioner is languishing in custody since 21.08.2022. He further contended that in the meantime although investigation has been Page 1 of 4. concluded and final charge sheet has been filed, the trial has not progressed substantially. Learned counsel for the Petitioner further contended that although the Petitioner is in custody near about two years and four months, the trial is not concluded and there is every less possibility that the trial is progressed in a snell pace and there is also no likelihood of trial being concluded in near future. He further submitted that the Petitioner does not have similar criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. 5. Learned counsel for the Petitioner further referring to the judgment of the Hon’ble Supreme Court in the cases of Mohd Muslim @ Hussain v. State (NCT of Delhi), reported in 2023 SCC OnLine SC 352 as well as Dheeraj Kumar Shukla v. The State of Uttar Pradesh (Special Leave Appeal No.6690 of 2022, decided on 25.01.2023), contended before this Court that the delay in conclusion of the trial defeats the valuable rights of the Petitioner as guaranteed under Article 21 of the Constitution of India. He further contended that it has been held by the Hon’ble Supreme Court in the case where there is inordinate delay in conclusion of the trial, the bar under Section 37 of the NDPS Act would not be attracted to the facts of the case registered under the provision of N.D.P.S. Act. On such ground, learned counsel for the Petitioner contended that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case as the Petitioner is in custody near about two years eight months and trial did not progress substantially and the same is not likely to be concluded in near future. Page 2 of 4. 6. Learned counsel for the State, on the other hand, opposed the release of the present Petitioner on bail on the ground that the trial is going on and in the event the Petitioner is released on bail, there is every likelihood that the same would cause further delay in conclusion of the trial. He further contended that taking into consideration the quantity of contraband Ganja that has been recovered, i.e. 104 Kgs., the bar under Section 37 of the N.D.P.S. Act would be attracted to the facts of the present case. On such ground, learned counsel for the State submitted that the Petitioner is not entitled to be released on bail. Accordingly, the bail application of the Petitioner be rejected at this juncture. 7. On perusal of the record, it appears that a report was called for from the court of 1st Additional District and Sessions Judge, Cuttack with regard to the progress of the trial. A report dated 11.12.2024 of the learned 1st Additional District and Sessions Judge, Cuttack is placed on record. On perusal of the said report, it appears that out of four prosecution witnesses, two witnesses have been examined and cross-examined and discharged and the case has been posed to 13.01.2025 for further hearing. 8. Considering the fact that the Petitioner is in custody for almost two years and four months and the fact that only two witnesses have been examined out of four prosecution witnesses, there is no possibility of an early conclusion of trial. Therefore, this Court has every reason to believe that there is a delay in concluding the trial and that the Petitioner would be covered by the ratio laid down of the judgment of the Hon’ble Supreme Court in the case of Mohd Muslim @ Hussain (supra). Page 3 of 4. 9. Taking into consideration the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record, further keeping in view the surrounding facts and circumstances as well as the delay in conclusion of the trial and further taking note of the judgment of the Hon’ble Supreme Court in Mohd Muslim @ Hussain (supra), this Court is inclined to release the Petitioner on bail. 10. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions that would be imposed by the court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 11. It is further directed that the bail granted to the Petitioner shall be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having any similar criminal antecedent, then this bail order shall automatically stand revoked. 12. The BLAPL is, accordingly, disposed of. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Debasis Location: ORISSA HIGH COURT Date: 20-Dec-2024 10:09:42 ( A.K. Mohapatra) Judge Page 4 of 4.