Munaf Mehmood Seikh vs State Of Odisha .... Opposite Party on 19 June, 2024

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Orissa High Court

Munaf Mehmood Seikh vs State Of Odisha .... Opposite Party on 19 June, 2024

04. 1. Since all the BLAPLs relate to the same P.S. (Machhkund P.S. Case No.33 of 2023), on the consent of the learned counsel for Page 1 of 5 the Petitioners as well as State, they are taken up together and are disposed of by this common order.

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.34 of 2023, pending on the file of the learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Machhkund P.S. Case No.33 of 2023 for alleged commission of offences under Sections 20(b)(ii)(C) and 29 of the NDPS Act.

4. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications 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 Special Judge, Koraput by order dated 24.01.2024 in the aforementioned cases, the present BLAPLs have been filed.

6. This is the second journey of the Petitioner (Munaf Mehmood Seikh) in BLAPL No.2082 of 2024 to this Court. Earlier Petitioner (Munaf Mehmood Seikh) was before this Court in BLAPL No.6223 of 2023 which was disposed of on 20.11.2023.

7. This is the third journey of the Petitioner (Hiraman Ingle @ Rahul Hiraman Ingle) in BLAPL No.2143 of 2024 to this Court. Earlier Petitioner (Hiraman Ingle @ Rahul Hiraman Ingle) was before this Court in BLAPL No.6659 of 2023 which was disposed of on 26.06.2023. Thereafter, he moved this Court in BLAPL No.11768 of 2023 which was disposed of as withdrawn by order dated 28.11.2023.

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8. This is the third journey of the Petitioner (Narayan Shantaram Chaudhury) in BLAPL No.2849 of 2024. Earlier bail application of the Petitioner (Narayan Shantaram Chaudhury) was disposed of by this Court by order dated 17.07.2023 in BLAPL No.6239 of 2023. Thereafter, he had moved this Court in BLAPL No.11708 of 2023 which was disposed of as withdrawn on 28.11.2023.

9. It is submitted by the learned counsel that the Petitioners are in custody since 16.03.2023 on the allegation of possessing contraband (ganja) to the tune of 95 kgs 500 grams.

10. Learned counsel for the Petitioners seeks release primarily on the ground of procrastination of trial and also states that the Petitioners' right to speedy trial is being violated and as such they are entitled to be released on bail.

11. It is his further submission, on instruction, that all the Petitioners are the first offenders.

12. The affidavits filed at the behest of the Petitioners in support of such submission is taken on record.

13. 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 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 since charge sheet has already been filed that itself indicates prima facie case and since the Petitioners are flight risk and the trial is continuing, they ought not to be released on bail.

14. To test the veracity of the submission of the learned counsel for the Petitioners, a report was called for from the learned Page 3 of 5 Court in seisin regarding the stage of trial. The report dated 18.04.2024 reads as under;

"xxx xxx xxx In compliance of the order of Hon'ble Court vide Order No. 05 dated: 08.05.2024 passed in BLAPL No. 2082 of 2024 (Munaf Mehmood Seikh -Vrs- State of Odisha), BLAPL No. 2143 of 2024 (Hiraman Ingle @ Rahul Hiraman Ingle-Vrs- State of Odisha) and BLAPL No. 2849 of 2024 (Narayan Shantaram Choudhury -Vrs- State of Odisha), arising out of T.R. case No. 34/2023 corresponding to Machhkund P.S. Case No. 33, dated 16.03.2023, this is to submit that one witness has been examined out of 16 charge sheeted witnesses in this case till today. Now the case is posted to 17.06.2024 for trial.

xxx xxx xxx"

15. Learned counsel for the Petitioners, on instruction, submits that two more witnesses have already been examined in the meanwhile.

16. Considering that the Petitioners are in custody for more than a year, there is no significant progress in the trial and they are the first offenders as stated and keeping in view the order of the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC OnLine SC 1109 and case of Mohd. Muslim alias Hussain vs. State (NCT of Delhi) reported in AIR 2023 SC 1648, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

17. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of each of the Petitioners from their parent police stations i.e. Petitioner (Munaf Mehmood Seikh) from P.S-Panvel, Dist-Raigad, (Maharastra), Petitioners (Hiraman Ingle @ Rahul Hiraman Ingle and Narayan Shantaram Chaudhury) from Page 4 of 5 P.S.-Badalpur, Dist-Thane, (Maharastra). If it comes to the fore that the Petitioners have any criminal antecedent, this order shall not be given effect to.

18. Additionally, it is directed that Petitioners shall appear before the learned Trial court on each date of trial without fail and any violation thereof shall entail cancellation of bail and learned trial Court shall take steps to commit the Petitioners to custody in accordance with law without any further reference to this Court.

19. It is further directed that one of the family member of each of the Petitioners shall execute P.R bond in addition to the sureties so fixed.

20. Accordingly, the BLAPLs stand disposed of.

21. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Jun-2024 12:59:37 Page 5 of 5

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