IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11430 of 2024
….
Shaikh Azhan Ahmed @ Petitioner
Azhan Ahmed
Mr. S.K. Tripathy, Advocate
-versus-
….
State of Orissa Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
30.11.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
Special G.R. Case No.97 of 2022 pending on the file
of learned Sessions Judge-cum-Special Judge,
Malkangiri arising out of Kalimela P.S. Case No.155 of
2022 for commission of offence alleged under
Sections 20(b)(ii)(C)/25 of the N.D.P.S Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.483 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS) by the learned Special
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Judge, Malkangiri by order dated 07.11.2024 in the
aforementioned case, the present BLAPL has been
filed.
5. It is submitted by the learned counsel that the
Petitioner is in custody since 10.06.2022 on the
allegation that he along with co-accused are involved
in transportation of contraband (ganja) to the tune of
79 Kg. 900 grams.
6. This is the third journey of the Petitioner to
this Court. The Petitioner earlier approached this
Court in BLAPL Nos.6870 of 2022 and this Court by
order dated 04.08.2022 was not inclined to entertain
the bail application. Thereafter the Petitioner
approached this Court in BLAPL No.904 of 2023. And,
by order dated 13.09.2023 taking into account the
report of the learned trial court that the case is likely
th
to be disposed of by end of 4 quarter, 2023, this
Court did not entertain the bail application.
7. On perusal of the impugned order, it is seen
that one more witness has been examined and the
trial is continuing.
8. It is submitted by the learned counsel that the
Petitioner is the first offender and on the ground of
procrastination of trial he seeks release.
9. Learned counsel for the State opposes the
prayer in view of the bar contained in Section
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37(1)(b)(ii) of NDPS Act and relying on the evidence
adduced as reflected in the order of rejection.
10. It is the further submission of the learned
counsel for the State that the Petitioner is the flight
risk. In this context he relies on the order of the Apex
Court in the case of State by the Inspector of Police
vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated
12.02.2024 and M.P. vrs. Kajad, (2001) 7 SCC
673.
11. Taking into account that the trial is still under
way even though the Petitioner is in custody since
10.06.2022 and is stated to be the first offender and
keeping in view his right to speedy trial and in the
light of the latest judgment in the case of Ravi
Prakash vrs. The State of Odisha, 2023 Live Law
(SC) 533 and Mohd. Muslim @ Hussain Vs. State
(NCT of Delhi), AIR 2023 SC 1648, this Court
directs the Petitioner to be released on bail on such
terms to be fixed by the learned Court in seisin.
12. To allay the legitimate apprehension of the
learned Public Prosecutor regarding ensuring the
presence of the Petitioner during trial since he does
not belong to the State of Odisha, additionally it is
directed that one of the family members of the
Petitioner shall execute the P.R bond in addition to
the sureties in terms of the order of the learned Court
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in seisin and his criminal antecedent from his parents
police station shall also be called for.
13. If it comes to fore that the Petitioner has any
criminal antecedent, this order shall not be given
effect to.
14. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
once every month on such date and time to be fixed
by the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted
as per the rules.
(V. NARASINGH)
Judge
PKS
Signature Not Verified
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 02-Dec-2024 15:19:44
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