Orissa High Court
Sangram Panda vs State Of Odisha .... Opposite Party on 1 March, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12094 of 2022
Sangram Panda .... Petitioner
Mr. D. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
01.03.2023 Order No.
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.16 of 2021, pending on the file of the learned 2nd Additional Sessions Judge-cum-Special Judge, Khurda under NDPS Act, arising out of Khurda Model P.S. Case No.85 of 2021, for alleged commission of offences under Sections 21(C)/29 of NDPS Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Khurda, by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.
4. Perused the report submitted by the learned 2nd Additional Sessions Judge, Khurda I/c indicating that the Presiding Officer of the case in hand was transferred on 01.09.2022 and no other Presiding Officer has joined yet and that out of 23 charge sheeted Page 1 of 3 witnesses, 5 witnesses have examined and there is no further progress in trial because of the absence of Presiding Officer.
5. It is submitted by the learned counsel that the petitioner is in custody since 28.02.2022 and as in the meanwhile two of the co- accused persons have been released on bail by this Court by order dated 29.06.2022 in BLAPL No.3356 of 2022 (Amit Kumar Sahoo) and by order dated 29.08.2022 in BLAPL No.7112 of 2022 (Nandu @ Birendra Kumar Sahu) since ex facie the petitioner is similarly circumstanced, he may be released on bail.
6. Learned counsel for the State opposes the prayer for bail relying on the bar contained under Section 37 of the NDPS Act.
7. Perused the order passed by the Co-ordinate Bench of this Court. It is seen that what weighed with this Court in directing release of the co-accused is that the RI was examined as P.W.1 and has not supported the prosecution and it also noticed that there is serious discrepancy regarding the registration number of the vehicle from which the contraband is alleged to have been recovered, referring to the testimony of P.W.3.
8. Considering the nature of evidence as noted in respect of the co-accused and prima facie, the petitioner being similarly circumstanced and non progress of trial because of the absence of the Presiding Officer, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin to ennure his presence on each date of trial.
9. Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled.
Page 2 of 310. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Page 3 of 3