Orissa High Court
Rouf Mahammad vs State Of Orissa .... Opposite Party on 24 April, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2720 of 2024
Rouf Mahammad .... Petitioner
Mr. B. Jalli, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. H.K. Panigrahi, A.S.C.
BLAPL No.2350 of 2024
Azam Bux@Azam Taj Bux @ .... Petitioner
A.T. Bakhsh
Mr. A. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, A.S.C.
CORAM: JUSTICE V. NARASINGH
ORDER
24.04.2024 Order No.
02. 1. Since both the matters arise out of Khandagiri P.S. Case No.458 of 2022, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are accused in connection with T.R. Case No.346 of 2022, pending in the Court of learned 2nd Addl. Sessions Judge, Bhubaneswar, arising out of Khandagiri P.S. Case No.458 Page 1 of 4 of 2022, for commission of alleged offences under Section 20(b)(ii)(C)/25 of NDPS Act.
4. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court.
5. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. S.J., BBSR by orders dated 11.01.2024 & 09.02.2024 respectively, the present BLAPL has been filed.
6. This is the third journey of the Petitioner(Rouf Mahammad) to this Court. Earlier the bail application of the Petitioner (Rouf Muhammad) was not entertained by order dated 15.12.2022 by this Court in BLAPL No.11144 of 2022 since the motion was during currency of investigation. Thereafter the Petitioner moved this Court in BLAPL No.3269 of 2023. The same was disposed of by order dated 04.09.2023.
7. This is the third journey of the Petitioner(Azam Bux@Azam Taj Bux @ A.T. Bakhsh) to this Court. Earlier the bail application of the Petitioner (Azam Bux@Azam Taj Bux @ A.T. Bakhsh) was not entertained by order dated 31.01.2023 by this Court in BLAPL No.11704 of 2022 since the same was during currency of investigation. Thereafter the Petitioner moved this Court in BLAPL No.8104 of 2023. The same was disposed of by order dated 04.10.2023.
8. It is submitted by the learned counsel that the Petitioners are in custody since 06.09.2022 on the allegation that they are involved in the transportation of contraband(ganja) to the tune of Page 2 of 5 100kg and as charge sheet has already been filed on 04.03.2023, they may be released on bail.
9. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section-37(1)(b)(ii) of the NDPS Act and charge sheet has been filed refers to 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 in view of prima facie the Petitioner's BLAPL is liable to be rejected.
10. The Petitioners are primarily seeking release on the ground of procrastination of trial. On instruction, learned counsel for the Petitioners submits that the Petitioners are the first offenders.
11. It is further submitted by the learned counsel that one of the co-accused(Ranjan Mohanty) has since been released on bail by order dated 01.08.2023 by this Court in BLAPL No.8011 of 2023. Hence on the ground of parity Petitioners also seek release.
12. Learned counsel for the State brings to the notice of this Court that the release of aforementioned co-accused is taking into account that his implication was on account of co-accused statement. Hence, the same cannot be treated as a precedent.
13. Considering the statement of the learned counsel that there is no significance progress in trial, a report was called for from the learned Court in seisin. The extract of the report is culled out hereunder for convenience of ready reference:
xxx xxx xxx TR Case No. 346 of 2022 of this Court corresponds to Khandagairi PS Case No.458 of 2022 (State of Odisha Vrs. Azam Bux @ Azam Taj Bux). The accused namely Azam Bux Page 3 of 5 @ Azam Taj Bux was arrested on 07.09.2022 for allegedly committing offence U/s 20(b)(ii)(c)/29 of NDPS Act. The record was received on transfer by this Court on 10.03.2023 from the file of the District & Sessions Judge, Khurda at Bhubaneswar. Thereafter, on 15.07.2023 charge for offence u/s. 20(b)(ii)(c)/29 of NDPS Act was framed against all but one namely Arjun Kar. Charge U/s 20(b)(ii)(c)/29 of NDPS Act r/w 25(1-B)(a) of Arms Act was framed against him. The case was posted to 07.08.2023 for trial. Out of 19 charge sheet witnesses Santosh Kumar Muduli (PW-1), Shankar Bhoi (PW-
2), Rabindra Kumar Sethi (PW-3) were examined on 25.09.2023, 30.11.2023 and 15.02.2024 respectively. The case stands posted to 03.05.2024. Learned Addl. P.P has furnished list of 10 charge sheet witnesses, out of remaining charge sheeted witnesses whom he wants to examine. The delay in trial is due to non- attendance of the witnesses on dates fixed. It is humbly stated that this court is endeavoring hard to dispose of the case expeditiously.
xxx xxx xxx
14. On perusal of the same, it is seen that the Petitioners are in custody for about one year and seven months and only 3 witnesses have been examined. And is evident from the report of learned Court in seisin that 10 more witnesses are yet to be examined by the prosecution. And, since the trial is not likely to be concluded at an early date and as the Petitioners are the first offenders, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedents.
Page 4 of 515. If it comes to fore that the Petitioners have any criminal antecedents of any nature, this order shall stand recalled.
16. Additionally, it is directed that the Petitioners 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 conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
17. Accordingly, the BLAPLs stands disposed of.
18. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Apr-2024 12:03:37 Page 5 of 5