JUSTICE v. NARASINGH Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Raj Kumar BLAPL No. 13895 of 2023 …. Petitioner Mr. R.L. Pattnaik, Advocate -versus- State of Odisha …. Opposite Party
Legal Reasoning
Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No.
Decision
ORDER 30.01.2024 03. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with T.R. Case No.57 of 2021, pending in the Court of learned Sessions Judge- cum-Special Judge, Koraput, arising out of Sunabeda P.S. Case No.86 of 2021, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Koraput by order dated 03.11.2023 in the aforementioned case, the present BLAPLs have been filed. 6. This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was disposed of by order dated 20.07.2022 in BLAPL Nos.5908 of 2022 and thereafter by order dated 10.08.2023 in BLAPL No.1107 of 2023. Page 1 of 4 7. It is submitted by the learned counsel that the Petitioner is in custody since 03.07.2021 and though final P.R. has been submitted on 29.12.2021 there is no further progress in trial, Hence, further continuance of the Petitioner in custody is unwarranted. 8. It is the further submission of the learned counsel for the Petitioner that the co-accused has been released on bail by this Court by order dated 09.11.2023 in BLAPL No.1302 of 2023. Hence, on the ground of parity, relying on the dictum of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, 2022 (10) SCC 51 more particularly paragraph-71 thereof which is extracted hereunder, the Petitioner seeks release. the foundations of “71. Uniformity and certainty in the decisions of the court are judicial dispensation. Persons accused with same offense shall never be treated differently either by the same court or by the same or different courts. though by an exercise of Such an action discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India.” 9. Learned counsel for the State opposes the prayer for bail and submits that parity cannot be a ground bereft of the facts qua each of the Petitioner. 10. It is submitted by the learned counsel for the State that prime reason which weighed with this Court in directing release of the co-accused was on account of non submission of the CE report. whereas, the CE report has already been submitted, in the meanwhile. Page 2 of 4 11. It is apt to note here that the factum of submission of CE report is borne out from the communication of the learned Court in seisin dated 25.01.2024. 12. It is the further submission of the learned counsel for the State that the contraband involved in the case at hand is to the tune of 118Kgs 900gms (Ganja) and merely because of long incarceration, the Petitioner ought not to be released on bail and more so since the accusation is under the Special Act and where the grant of bail is an exception and in this context he relies on the judgment of the Apex Court in the case of State of M.P. vrs. Kajad reported in (2001) 7 SCC 673. 13. The report received from the learned Court in seisin dated 25.01.2024 regarding the stage of trial is culled out hereunder for convenience of ready reference:- xxx xxx xxx “In compliance of the order of Hon'ble Court vide Order No. 02 dated: 18.01.2024 passed in BLAPL No. 13895 of 2023 (Raj Kumar –Vrs- State of Odisha), this is to submit that C.E. Report has received in this case. Charge was framed against the accused persons on 24.01.2024 and to the case 30.01.2024 for trial.” xxx xxx xxx is now posted 14. From the same, it is clearly borne out that in the case at hand charge has been framed on 24.01.2024. 15. Considering the period of custody from 03.07.2021, while being conscious of the rigors of the NDPS Act which the learned counsel for the State has rightly adverted to but, keeping in view the sacred right of the Petitioner for speedy trial which has been held to be a facet of Article 21 of the Constitution, right from the celebrated judgment of the Apex Court in the case of Hussainara Page 3 of 4 Khatoon & others vrs. State of Bihar, (1980) 1 SCC 81 and recently reiterated by the Apex Court in the case of Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC OnLine SC 352 and in the case of Rabi Prakash vrs. State of Odisha, 2023 SCC Online SC 1109 and keeping in view the dictum of the apex Court Satender Kumar Antil (Supra) which has been adverted to by the learned counsel for the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 16. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin. 17. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family member of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and the criminal antecedent of the petitioner from P.S.-Sector-16, Dist.-Faridabad, Haryana shall also be called for. 18. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled. 19. 20. Accordingly, the BLAPLs stand disposed of. Urgent certified copy of this order be granted as per the rules. Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Ayesha Date: 31-Jan-2024 18:21:09 (V. NARASINGH) Judge Page 4 of 4