The court may grant interim bail to an accused to appear in an examination based on the schedule provided by the university and the circumstances of the case.

Headnote:
Bail Application - N.D.P.S Act - The court granted interim bail to the accused to appear in an MBA examination based on the schedule provided by the university and directed the accused to surrender after the interim bail period.
Fact of the Case:

The accused filed a bail application to appear in an MBA examination after a previous application for release on interim bail was rejected.
Finding of the Court:

The court granted the accused interim bail for twenty days to appear in the examination and directed the accused to surrender after the interim bail period.
Issues: The issue was whether the accused should be granted interim bail to appear in an examination while the trial was ongoing.
Ratio Decidendi: The court considered the schedule of the examination and the lack of commencement of the trial in granting interim bail to the accused.
Final Decision: The court granted the accused interim bail for twenty days to appear in the examination and directed the accused to surrender after the interim bail period.

JUDGMENT

V. Narasingh, J. - This bail application was not in today's list. On being mentioned, the same is listed under the heading 'special list' and taken up today.

2. Heard learned counsel for the Petitioner and learned counsel for the State.

3. The Petitioner is an accused in Special Case No.221 of 2020 pending on the file of learned 3rd Addl. Sessions Judge-cum-Special Judge, Balasore, arising out of STF CID CB Bhubaneswar P.S. Case No.22 of 2020, for commission of the offence alleged under Section 21(c) of the N.D.P.S Act.

4. It is noted that the prayer of the Petitioner for release on interim bail to appear in the MBA Examination having been rejected, the present bail application has been filed.

5. It is submitted by the learned counsel that the Petitioner is prosecuting his study in MBA 2018-20 batch bearing BPUT Registration Number 1806286146. Relying on the notification of the BPUT dated 30.12.2022 regarding conduct of the supplementary examination of final year students for 2019-20, 2020-21 and 2021-22 and the admit card filed by way of memo issued by the BPUT, it is stated that Petitioner is scheduled to appear in the examination starting from today i.e. 10.01.2023 till 24.01.2023.

6. Referring to the aforesaid admit card and the schedule of the examination, as noted, the Petitioner seeks release on interim bail.

7. Learned counsel for the State opposes the prayer and questions the bona fides of the Petitioner and also brings to the notice of the Court that earlier similar application has been rejected and as this Court had fixed the time frame for disposal, releasing of the Petitioner at this stage would derail the ongoing trial.

8. Learned counsel for the Petitioner, on instruction, submits that notwithstanding the order passed by this Court for conclusion of trial within four months, the trial has not commenced in as much not a single witness has been examined.

9. Considering the prayer of the Petitioner to appear in the examination, as noted, this Court is persuaded to release the Petitioner on interim bail for a period of twenty days from the date of his release. Learned Court in seisin shall fix the terms.

10. Additionally, it is directed that one of the sureties shall be the deponent of the present bail application, father of the Petitioner.

11. During currency of the interim bail period, the Petitioner shall appear before the I.O on such time to be fixed by the learned Court in seisin i.e. on 7th 15th and 19th day of his release. Certification of such appearance to be submitted to the learned Court in seisin. It is needless to state that the Petitioner shall surrender on expiry of the interim bail of twenty days excluding the date of release.

12. A report be called for from the learned Court in seisin regarding assertion of the learned counsel for the Petitioner that not even a single witness has been examined till date.

13. Registry is requested to do the needful.

14. List this matter on 06.02.2023.

15. Issue urgent certified copy of this order in course of the day.

16. Free copy of this order be made over to the learned counsel for the State.

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