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Supreme Court - Daily Orders

Gopal Krishna Patra @ Gopalrusma vs Union Of India on 5 August, 2022

Bench: Uday Umesh Lalit, Aniruddha Bose, S. Ravindra Bhat

                                                               1

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPEAL NO.1169 OF 2022
                                       [@ out of SLP (Crl.) No.4789/2022]


      GOPAL KRISHNA PATRA @ GOPALRUSMA                                                  Appellant(s)

                                                              VERSUS

      UNION OF INDIA                                                                    Respondent(s)

                                                            O R D E R

Leave granted.

This appeal challenges the judgment and order dated 25.01.2022 passed by the High Court Of Madhya Pradesh, Principal Seat at Jabalpur, in MCRC No.117/2022.

The appellant is in custody since 18.06.2020 in connection with crime registered as N.C.B. Crime No.02/2020 in respect of offences punishable under Sections 8, 20, 27-AA, 28 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 19851 The application seeking relief of bail having been rejected, the instant appeal has been filed.

We have heard Mr. Ashok Kumar Panda, learned Senior Advocate in support of the appeal and Mr. Sanjay Jain, learned Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2022.08.08 12:19:56 IST Additional Solicitor General for the respondent. Reason:

Considering the facts and circumstances on record and the 1 “NDPS” Act 2 length of custody undergone by the appellant, in our view the case for bail is made out.

We therefore, direct that:

(a) The appellant shall be produced before the Trial Court within five days from today.
(b) The Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to impose.
(c) The appellant shall not in any manner misuse his liberty.
(d) Any infraction shall entail in withdrawal of the benefit granted by this Order.

The appeal is allowed in aforesaid terms.

……………………………………………J. (UDAY UMESH LALIT) …………………………………………J. (ANIRUDDHA BOSE) …………………………………………J. (S. RAVINDRA BHAT) New Delhi, August 5, 2022 3 ITEM NO.31 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4789/2022 (Arising out of impugned final judgment and order dated 25-01-2022 in MCRC No. 117/2022 passed by the High Court of M.P. Principal Seat at Jabalpur) GOPAL KRISHNA PATRA @ GOPALRUSMA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) (IA No. 74386/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No. 74389/2022 - EXEMPTION FROM FILING O.T.) Date : 05-08-2022 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Ashok Kumar Panda, Sr. Adv.
Mr. Shashwat Panda, Adv.
Mr. Tejaswi Kumar Pradhan, AOR For Respondent(s) Mr. Sanjay Jain, ASG Mr. Rajan Kr.Chourasia, Adv. Mr.Padmesh Mishra, Adv.
Mr. Anukalp Jain, Adv.
Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending applications, if any, shall stand disposed of. (INDU MARWAH) (ANITA RANI AHUJA) COURT MASTER (SH) ASSISTANT REGISTRAR (SIGNED ORDER IS PLACED ON THE FILE)