Ananta Hantal v. ….. ….. Vs. ….. Mr. Asit Kumar Jena, Advocate Opp. Party Ms. Gayatri Patra
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8993 of 2024 BLAPL No.9021 of 2024 & BLAPL No. 10703 of 2024 ….. BLAPL No.8993 of 2024 Rama Kope Petitioner State of Odisha BLAPL No.9021 of 2024 Kamal Lochan Kope State of Odisha BLAPL No.10703 of 2024 Ananta Hantal Vs. ….. ….. Vs. ….. Mr. Asit Kumar Jena, Advocate Opp. Party Ms. Gayatri Patra, ASC
Legal Reasoning
Petitioner Mr.Asit Kumar Jena, Advocate Opp. Party Ms. Gayatri Patra, ASC ….. Vs. Petitioner Ms. Monalisa Mohanty, Advocate on behalf of Mr. Jugala Kishore Panda, Advocate State of Odisha ….. Opposite Party Ms. Gayatri Patra, ASC CORAM: JUSTICE SAVITRI RATHO Order No. 03.
Decision
ORDER 29.11.2024 (Through hybrid mode) 1. These are the third successive applications of the petitioners - Rama Kope and Kamal Lochan Kope and second successive Page 1 of 8 application of the petitioner Ananta Hantal under Section 439 of Cr.P.C. in this Court, in connection with Malkangiri P.S. Case No.488 of 2023 corresponding to G.R. Case No.187 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable under Section 20 (b) (ii) (C)/25/29 of the NDPS Act. 2. Rama Kope (petitioner in BLAPL No.8993 of 2024) had earlier filed BLAPL No.10836 of 2023 which had been dismissed on 06.10.2023 granting him liberty to move the learned trial court for bail after submission of chargesheet. His second application i.e. BLAPL No. 6509 of 2024 had been dismissed on 22.07.2024 granting him liberty to move for bail afresh in case there is undue delay in commencement of the trial and also requesting the learned trial court to take steps for early completion of the trial, if there is no other legal impediment. 3. Thereafter the prayer for bail of the petitioner has been rejected by the learned Special Judge, Malkangiri vide order dated 30.08.2024 in Special G.R. Case No. 187 of 2023. 4. Kamal Lochan Kope (petitioner in BLAPL No.9021 of 2024) Page 2 of 8 had earlier filed BLAPL No.10840 of 2023 which had been disposed of on 09.10.2023 granting him liberty to move the learned trial court for bail afresh after completion of the investigation. His second application i.e. BLAPL No. 6779 of 2024 had been dismissed on 22.07.2024 granting him liberty to move for bail afresh in case there is undue delay in commencement of the trial and also requesting the learned trial court to take steps for early completion of the trial, if there is no other legal impediment. 5. Thereafter the prayer for bail of the petitioner has been rejected by the learned Special Judge, Malkangiri vide order dated 28.08.2024 in Special G.R. Case No. 187 of 2023. 6. Ananta Hantal (petitioner in BLAPL No.10703 of 2024) had earlier filed BLAPL No.10835 of 2023 which had been dismissed on 06.10.2023 granting him liberty to move the learned trial court for bail after submission of chargesheet. 7. Thereafter the prayer for bail of the petitioner has been rejected by the learned Special Judge, Malkangiri vide order dated 19.09.2024 in Special G.R. Case No. 187 of 2023. 8. The prosecution allegation in brief is that on 07.09.2023 at about Page 3 of 8 9.10 a.m. while the Sub-Inspector of Police of Malkangiri P.S. along with his staff were performing patrolling duty in Padmagiri and Pandripani area, they received reliable information that 4 to 5 persons have assembled below one Mahua tree near Telimetla Chowk at a distance of 02 kilometers from Padmagiri Chowk and were in possession of ganja and were about to transport the same to Chhattisgarh. The police team immediately proceeded to the spot and apprehended four persons, namely, Rama Kope, Kamal Lochan Kope, Shyam Sundar Pangi and Ananta Hantal while three persons escaped from the spot. 150 kgs. of ganja were recovered from the spot which the accused persons confessed had been stored for transportation to Chhatisgarh. The persons who were arrested at the spot stated the names of the three persons who had escaped from the spot to be Abhi Sagaria, Mitu Hantal and Duriya Sanabasi. 9. Perused the report dated 25.11.2024 of the learned Sessions Judge-cum-Special Judge, Malkangiri where it is stated that on 04.03.2024 cognizance of the offences were taken in the case after submission of chargesheet against 8 accused persons including Mitu Hantal and Durjya Santabasi showing them as absconders and their appearance has not yet been procured. From the said report, it is Page 4 of 8 apparent that charge has not yet been framed against the accused persons as the absconding accused Mitu Hantal and Durjya Santabasi have not been arrested till date. 10. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents and are in custody since 08.09.2023 and co-accused Abhi Sagaria has been granted bail in BLAPL No. 4062 of 2024. They also submit that the ganja has not been seized from the conscious possession of the petitioners but was found under the mahula tree. As the petitioners were found near the spot, they have been arrested on suspicion. It would be evident from the statement of the independent witness Dhanurjaya Madkami who has stated that when they reached the spot they found the Police standing under the mahula tree along with four accused persons and the ganja. If the prosecution allegation about receipt of prior information is correct, they should have proceeded to the spot with independent witnesses. They finally submit that even though more than one year has elapsed, charge has not yet been framed in the case for which there has been violation of Article 21 of the Constitution of India, for which the petitioners should be released on bail. They rely on the decisions of the Hon’ble Apex Court in the case Page 5 of 8 of Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Patna reported in 1980 (1) SCC 98: 1979 AIR 1369, Mohd Muslim @ Hussain vrs. State (Nct of Delhi) reported in Special Leave Petition (Crl.) Nos.915 of 2023, Dheeraj Kumar Sukla vrs.the State of U.P. reported in Special Leave to Appeal (Crl.) No.(s). 6690 of 2022 and Naeem Ahmed Alias Naim Ahmad vrs. Govt. of NCT of Delhi reported in 2024 SCC OnLine SC 220. They also submit that the petitioners do not have any criminal antecedents. 11. Ms. Gayatri Patra, learned Additional Standing Counsel and Mr. Sonak Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that the commercial quantity of contraband ganja has been seized from the possession of the petitioners and co-accused Shyam Sundar Pangi for which Section 37 of the NDPS Act will be a bar for releasing them on bail. He further submits that Abhi Sagaria who has been granted bail stands on a different footing as he was not arrested at the spot and nothing incriminating has been seized from him and the prayer for bail of co-accused Shyam Sundar Pangi who was arrested at the spot has been rejected. 12. In view of the punishment prescribed for the said offences, I am not satisfied that there has been undue delay in commencement of the Page 6 of 8 trial in order to hold that there has been violation of Article 21 of the Constitution of India. But after perusing the report of the learned Sessions Judge-cum-Special Judge, Malkangiri who has stated that charge has not yet been framed in the case on account of non-execution of NBW against the two co-accused persons, I am inclined to release the three petitioners on interim bail for a period of four months. 13. Rama Kope petitioner in BLAPL No.8993 of 2024, Kamal Lochan Kope petitioner in BLAPL No. 9021 of 2024 and Ananta Hantal petitioner in BLAPL No. 10703 of 2024 who are in custody since 08.09.2023 shall be released on interim bail by the learned Court below in seisin over the matter for a period of four months after verifying that they do not have any criminal antecedents under the NDPS Act on such terms and conditions as it may deem fit proper, including the following conditions:- They shall furnish cash surety of Rs.10,000/- each. (i) (ii) They shall not commit any offence while on bail. (iii) They shall not try to tamper with evidence or threaten prosecution witnesses while on bail. (iv) They shall remain present in Court on each date it is fixed for trial. (v) Petitioners Rama Kope and Kamal Lochan Kope shall report before Malkanagiri Police Station and Page 7 of 8 petitioner Ananta Hantal shall report before the Kalimela Police Station, once on every alternate Sunday between 3.00 P.M. to 4.00 P.M. after being released on interim bail. (vi) They shall surrender before the learned trial court immediately on expiry of four months. 14. Violation of any condition will entail in cancellation of the interim bail. 15. The BLAPL is accordingly disposed of. 16. Copy of the order be supplied to Ms. Gayatri Patra, learned Additional Standing Counsel for communication to the IIC, Malkanagiri Police Station and Kalimela Police Station. 17. No observation in this order should influence the learned trial court during trial, as they have been made for the purpose of consideration of the prayer for bail. (Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 17-Dec-2024 18:41:12 Page 8 of 8