Jayanta Pradhan @ v. State of Odisha

Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.01.2025

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with Special Case No.02/43 of 2024/2023 pending on the file of learned Addl. Sessions Judge-cum-P.O. Designated Court under the OPID Act, Balasore arising out of Jaleswar P.S. Case No.57 of 2023 for commission of offence alleged under Sections 21(C)/29 of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions Judge-cum-P.O. Designated Court under OPID Act, Balasore by order dated 12.11.2024 in the aforementioned cases, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 10.02.2023 on the allegation of being involved in the transportation of contraband (brown sugar) to the tune of 256 grams.

Learned counsel seeks release of the Petitioner primarily on the ground of violation of his sacred right to speedy trial as enjoined by Article 21 of the Constitution notwithstanding the statutory bar contained in Section 37(1)(b)(ii) of the NDPS Act.

Learned counsel for the State opposes such prayer in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and keeping in view the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 and submits that filing of the charge sheet itself shows that there is prima facie case. Hence, Petitioner ought not to be released on bail.

Taking into account the submission that there is delay in trial, a report was called for from the learned Trial Court. Such report dated 07.01.2025 reads as under;

xxx xxx xxx Respectfully, I am to submit that, the case record in Spl. Case No.01/43 of 2025/2023 corresponding to Jaleswar P.S. Case No.57 of 2023 is received by this Court on 04.01.2025 on transfer from the Court of Addl. Sessions Judge-Cum- Presiding Officer, Designated Court under OPID Act, Balasore for disposal as per law. Two accused person(s) namely Jayanta Pradhan @ Nakula and Santosh Kumar Das have been charge sheeted U/s-21 (c)/ 29 of NDPS Act. They both are facing the trial as UTP. The charged against them is framed on dtd.06.03.2024. Out of total 14 no. of witnesses, two witnesses have been examined by the prosecution till date, when the case was pending before the Court of Additional District and Sessions Judge OPID, Balasore. Further, I am to state that tentatively four months time will require to conclude the trial. Now the case is posted to 10.01.2025 for evidence of witnesses. xxx

Learned counsel for the Petitioner places reliance on the order relating to the co-accused dated

07.01.2025 in BLAPL No.8209 of 2024 and seeks release, inter alia, on the ground of parity.

Taking into account the nature of allegation, release of the co-accused and that the trial is lingering for which the right of the Petitioner to speedy trial is marginalized and keeping in view the order of the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC OnLine SC 1109, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing, learned Court in seisin is requested to verify as to whether apart from the case at hand and Kamarada P.S. Case No.17 of 2020, the Petitioner has any other criminal antecedents. If it comes to the fore that the Petitioner has any other criminal antecedents apart from the case at hand and Kamarada P.S. Case No.17 of 2020, this order shall not be given effect to.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice a month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Jan-2025 11:02:47 Judge