Orissa High Court
Uma Sankar Meena vs State Of Odisha .... Opposite Party on 11 September, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 3416 of 2023
Uma Sankar Meena .... Petitioner
Mr. S.K. Rout, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.09.2023 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.70 of 2022 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Koraput arising out of Machhkund P.S. Case No.72 of 2022 for commission of the alleged offence under Sections 353/333/325/307 of IPC read with Section 20(b)(ii)(C)/29 of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Additional S.J.-cum-Spl. Judge, Koraput by order dated 04.03.2023 in the aforementioned case, the present bail application has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 30.06.2022 on the accusation that he along with co-accused are found in possession of contraband (ganja) to the tune of 61 kgs 900 grams.
5. It is stated that as preliminary charge sheet has already been filed on 24.12.2022, Petitioner may be released on bail.
Page 1 of 36. Learned counsel for the State opposes the prayer for bail referring to the bar contained in Section 37 of the NDPS Act.
7. An affidavit has been placed on record at the behest of the Petitioner that the Petitioner who admittedly does not reside within the state of Odisha has no criminal antecedent in his parent police station.
8. Perused the report submitted by the learned Additional Sessions Judge-cum-Special Judge, Koraput.
9. Paragraph-2 of the said report which is germane is extracted hereunder;
"In this connection, I am to submit that the case record is posted to 21.09.2023 for submission of final charge sheet and awaiting C.E. Report. Sincere steps have been taken for obtaining C.E. Report but the same has not yet been received"
10. Taking note of the manner in which the prosecution has failed to submit the CE report and keeping in view that the Petitioner is the first offender, as stated, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
11. While releasing the Petitioner on bail, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner from his parent police station i.e. Deshwali Mohalla, Dist-Sehore (Madhya Pradesh). If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
12. Additionally, it is directed that 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 conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Page 2 of 313. Further, it is directed that one of the family member of the Petitioner shall execute the P.R bond in addition to the sureties so fixed.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2023 20:08:58 Page 3 of 3