Orissa High Court
Md. Sameer @ Md. Chhotu vs State Of Odisha ..... Opp. Party on 18 December, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11927 of 2024
Md. Sameer @ Md. Chhotu ..... Petitioner
Mr. Manoranjan Mishra, Adv.
Vs.
State of Odisha ..... Opp. Party
Ms. Siva Mohanty, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
18.12.2024 Order No. (Through hybrid mode)
02. BLAPL No. 11927 of 2024 & I.A. No. 1581 of 2024
1. This is the third application of the petitioner under Section 439 Cr.P.C. in connection with Barbil P.S. Case No.344 of 2023 corresponding to Special Case No.45 of 2023, pending in the file of the learned Special Judge (NDPS) Act, Champua, registered for commission of offences punishable under Section 21(b) of the NDPS Act and Section 27 (b) (ii) of the Drugs and Cosmetics Act, 1940 against the petitioner and others.
2. The I.A. has been filed for releasing the petitioner on interim bail for period of fifteen days between 13.12.2024 to 28.12.2024 as the marriage of petitioner's brother was to be solemnized on 18.12.2024 and the ceremonies were to begin on 17.12.2024 and Page 1 of 4 carry on till 21.12.2024 and the presence of the petitioner was necessary to look after the arrangements and to participate in the ceremony.
3. On 16.12.2024, the learned Additional Standing Counsel had been asked to obtain instructions on the averments in the I.A.
4. Today Ms. Siva Mohanty, learned Additional Standing Counsel has produced the instructions dated 17.12.2024 of the I.I.C, Barbil Police Station, the relevant portion of which is reproduced below:-
"With reference to the case and subject cited above I have the honour to submit that as per order of Honourable High Court, Odisha, Cuttack, SI K. Patel enquired into the petition of Md. Sameer at village Barkhat Nagar, Barbil and during enquiry it is ascertained that Md Sahid, S/O- Md Saidul, of Barkhat Nagar, PS- Barbil is going to marry Muskan Parween on 18.12.2024. The date of reception is on dt. 21.12.24 as per the invitation card available with the local people. The copy of invitation card and photo of marriage gate is attached herewith."
5. The learned Addl. Standing Counsel for the State undertakes to file the instructions in course of the day. The document has filed, the same shall be scanned and incorporated in the digital record by the Registry.
Page 2 of 4
6. Mr. Manoranjan Mishra, learned counsel for the petitioner submits that the petitioner may be released on bail for a period of 15 days to attend the marriage reception which is to be held on 21.12.2024. He submits that in the affidavit it is stated that the petitioner has four antecedents, he has been released on bail in all the four cases and has not violated the conditions imposed in those orders.
7. Considering the instructions of the I.O. and the submissions of the learned counsel for the petitioner, I am inclined to release the petitioner on interim bail till 23.12.2024 to enable him to attend the marriage reception of his brother- Md Sahid is on 21.12.2023, subject to verification that he has been granted bail in the four cases pending against him and has not violated the conditions in the bail orders. For the said purpose, the petitioner shall produce the four bail orders before the trial Court for verification.
8. The petitioner Md. Sameer @ Md. Chhotu shall be released on interim bail till 23.12.2024 on such terms and conditions as may be fixed by the learned Court below in seisin over the matter and after verifying that he has been released on bail in all the cases pending against him (mentioned in paragraph-7) and has not violated the bail conditions, including the following conditions : Page 3 of 4
(i) He will furnish cash surety of Rs.10,000/- (Rupees Ten thousand only)
(ii) He will not indulge in any criminal activity while on interim bail.
(iii) He will not threaten or try to influence prosecution witnesses or tamper with prosecution case.
9. Violation of any condition will entail in cancellation of interim bail.
10. The BLAPL and I.A. are disposed of.
11. The petitioner shall surrender in the learned trial Court on or before 23.12.2024 without fail.
12. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Dec-2024 20:37:26 Page 4 of 4