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2023 Supreme(SC) 1232

ABHAY S. OKA, PANKAJ MITHAL
Manoranjan Rout – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Haraprasad Sahu, Adv. Mr. Pranaya Kumar Mohapatra, AOR
For the Respondent(s): Mr. Prakash Ranjan Nayak, AOR Mr. Balaram Nayak, Adv. Mr. Animesh Dubey, Adv.

ORDER

Leave granted.

2. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent state.

3. The appellant is being prosecuted for the offence punishable under Sections 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. A perusal of the impugned order shows that the learned Judge of the High Court concluded that the appellant was entitled to be enlarged on bail. However, he ended up granting interim bail for 45 days.

4. The tentative findings recorded by the learned Judge can be summarized as follows:

    (1) By the order dated 5th September 2022 passed by the High Court on the earlier bail application filed by the appellant, while denying the relief of bail, the High Court had directed the disposal of the case within six months. However, no progress has been made in the trial;

    (2) The appellant has been in custody since 9th April, 2021. Notwithstanding the direction dated 5 th September 2022 to dispose of the case within six months, only 5 out of 25 witnesses have been examined till date, and

    (3) There is a prolonged incarceration of the appellant without disposal of the case.

5. In short, the High Cour

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