Orissa High Court
Akshaya Jaiswani vs State Of Odisha ..... Opposite Parties on 20 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1343 of 2024
Akshaya Jaiswani ..... Petitioner
Represented By Adv. -
Samarendra Bahadur
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. M.R. Mohanty,
AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.12.2024 Order No.
05. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State.
3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail arising out of P.R. No.344 of 2023-24, corresponding to 2(a) C.C. Case No.02 of 2024, pending in the Court of the learned District & Sessions Judge-cum- Special Judge, Jharsuguda for alleged commission of offence under Sections 20(b)(ii)(B) of NDPS Act.
4. Learned counsel for the Petitioner submits that earlier this Page 1 of 4. matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 22.01.2024. He further contended that the investigation has been completed and the final charge-sheet has been filed in the meantime. Further, referring to the allegations made in the P.R., learned counsel for the Petitioner submitted that keeping in view the quantity of ganja seized, i.e., 7.5 kgs., was recovered from exclusive and conscious possession of the Petitioner. Further contended that the quantity of the contraband ganja was recovered from the petitioner, which was less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner is having two similar criminal antecedents and he does not belong to the State of Odisha, therefore, the Petitioner is ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner does not belong to the State of Odisha, therefore, release of the Petitioner be difficult to ensure the appearance of the Petitioner before the Trial Court during trial. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture.
6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping the view the period of detention of the Petitioner in jail custody, this Court is Page 2 of 4. inclined to release the Petitioner on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees Forty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:
I) The Petitioner shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit;
II) he shall not be involved in any offence of similar nature while on bail;
III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;
IV) he shall not make any default in attending the court during trial on each date without fail;
V) he shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial;
Violation of any of the terms and conditions shall entail Page 3 of 4. cancellation of bail.
8. It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having more than two similar criminal antecedents, then this bail order shall automatically stand revoked.
9. BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed
Signed by: SANTANU KUMAR ROUT Page 4 of 4.
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 23-Dec-2024 14:33:21