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IN THE HIGH COURT OF ORISSA AT CUTTACK
V. Narasingh, J.
Ramu Sahu – Appellant
Versus
State of Odisha – Respondent
Bail Application No. 386 of 2023
Decided On : 25-01-2023
BAIL - N.D.P.S Act - The court directed the release of the petitioner on bail based on the filing of the charge sheet and the release of the co-accused, while also directing verification of the petitioner's criminal antecedents before release.
Fact of the Case:
The petitioner, an accused in a Special (NDPS) Case, filed a bail application after being in custody and the charge sheet being filed.
Finding of the Court:
The court directed the release of the petitioner on bail, subject to verification of criminal antecedents.
Issues: The rejection of the petitioner's bail application and the grounds for seeking bail based on parity with the co-accused.
Ratio Decidendi: The court considered the filing of the charge sheet and the release of the co-accused as grounds for directing the petitioner's release on bail.
Final Decision: The court directed the release of the petitioner on bail, subject to verification of criminal antecedents.
JUDGMENT
V. Narasingh, J. - Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in Special (NDPS) Case No.20 of 2022 pending on the file of learned Addl. District & Sessions Judge, Kantamal, Boudh, arising out of Kantamal P.S. Case No.70 of 2022 for commission of offence under Sections 20(b)(ii)(c) of the N.D.P.S Act.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Kantamal by order dated 04.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. Perused the order of rejection.
5. It is submitted by the learned counsel that the Petitioner is in custody since 03.06.2022 and the charge sheet has been filed on 29.11.2022.
6. It is further submitted that the co-accused has since been released on bail by order dated 09.12.2022 in BLAPL No.7003 of 2022. Hence, on the ground of parity, he seeks release.
7. Per contra, learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the N.D.P.S Act and also that since the Petitioner does not reside within the State, it would be difficult to ensure his presence during the trial and hence seeks rejection of the bail application.
8. Considering the filing of the charge sheet and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
9. Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of the Petitioner from P.S. Gudiyari, Dist-Raipur, Chhatisgarh.
10. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rule.
The court may consider the filing of the charge sheet and the release of co-accused as grounds for granting bail.
The right to a speedy trial under Article 21 supersedes statutory restrictions on bail under the NDPS Act, allowing for bail even in cases with prior criminal antecedents.
The court held that while the NDPS Act imposes strict bail conditions, the accused's right to a speedy trial under Article 21 may supersede these restrictions, allowing for bail under certain circums....
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
Prolonged detention without trial violates Article 21 rights, warranting bail under specific conditions to ensure fairness while addressing state concerns on non-bailable offenses.
Bail under the N.D.P.S. Act requires the court to find reasonable grounds for believing the accused is not guilty and is not likely to commit further offenses while on bail.
The court considered the statement of the victim and the filing of the charge sheet as key factors in deciding to grant bail to the Petitioner.
The court may grant bail to accused persons based on the progress of investigation and their first-time offender status, with conditions to verify their criminal antecedents.
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