Orissa High Court
Md. Afsar @ Md. Asraf @ vs State Of Orissa ... Opposite Party on 5 April, 2024
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2927 of 2024
Md. Afsar @ Md. Asraf @ ... Petitioner
Maggi
Mr. S.R.Das, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. S.S.Pradhan, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 05.04.2024 01. 1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. This is an application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No.143 of 2022 arising out of Sundargarh Town P.S. Case No.289 of 2022 pending in the file of learned Special Judge, Sundargarh, for commission of offences punishable under Sections 21(b)/25/27(A)/29 of NDPS Act, on the allegation of possessing 8 grams 150 mgs of brown sugar along with co-accused persons.
3. In the course of hearing of the bail application, Mr. A.K.Budhia, learned counsel on behalf of Mr.S.R.Das, learned counsel for the petitioner submits that the petitioner has been falsely implicated Page 1 of 4 in this case solely on the basis of confession of co- accused person, but nothing was recovered from his exclusive possession and, the petitioner, therefore, may kindly be granted bail.
4. On the contrary, Mr. S.S.Pradhan, learned AGA, however, strongly opposes the bail application of the petitioner.
5. Considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre trial detention of the petitioner since 19.10.2023 and regard being had to the circumstance of implication of the petitioner in this case and quantity of brown sugar alleged to have been recovered from the co-accused persons being just more than small quantity but much less than the commercial quantity, the petitioner is admitted to bail.
6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees One Lakh) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail, Page 2 of 4
(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on Page 3 of 4 prima facie accusations may be treated as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 06-Apr-2024 10:23:32 Page 4 of 4