1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). OF 2024
(Arising out of SLP(Crl.) No. 7590/2023)
BIJAY SEMULI APPELLANT(S)
VERSUS
THE STATE OF ODISHA & ORS. RESPONDENT(S)
ORDER
Leave granted.
Heard learned counsel for the appellant and the respondents.
The appellant, upon being convicted by the Special Judge, Puri, under Section 20(b)(ii)(C) of the Narcotic Drugs And Psychotropic Substances, Act, 1985, has already undergone imprisonment of more than five years out of the sentence of ten years of rigorous imprisonment awarded against him. The judgment of conviction was passed on
24 th December, 2019. Appeal against judgment of convention and order of sentence was instituted in the year, 2020 before the High Court of Orissa. The appeal is yet to be listed for hearing. The appellants plea for suspension of sentence and bail was disposed of by the High Court on 14.02.2023 by enlarging him on interim bail for a period of three months. This order is assailed before us in this proceeding. The appellants contention is that he ought to have been released on regular bail on merit.

The appellant has undergone more than half the awarded punishment and there is no material before us from which we can conclude that the appeal is likely to be disposed of at an early date. We accordingly allow the present appeal of the appellant and the impugned order rejecting the appellants plea for suspension of sentence and regular bail stands modified. Let his sentence be suspended pending conclusion of hearing of the appeal and let him be released and remain on bail till that time, subject to such terms and conditions the Trial Court may impose upon him.

The appellant, however, must participate in the Appellate Court proceeding and in the event he takes unnecessary adjournments or tries to delay hearing of appeal by any other means, it shall be open to prosecution to apply before this Court for cancellation of the order of suspension of sentence and consequential bail.
Pending application(s), if any, shall also stand disposed of.
…J.
[ANIRUDDHA BOSE]
…J.
[SANJAY KUMAR]
NEW DELHI;
FEBRUARY 12, 2024.

ITEM NO.43 COURT NO.5 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No. 7590/2023
(Arising out of impugned final judgment and order dated 14-02-2023 in IA No. 265/2023 passed by the High Court Of Orissa At Cuttack)
BIJAY SEMULI Petitioner(s)
VERSUS
THE STATE OF ODISHA & ORS. Respondent(s)
(IA No. 117335/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 12-02-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Mr. Haraprasad Sahu, Adv.
Mr. Pranaya Kumar Mohapatra, AOR

For Respondent(s) Mr. Arjun Garg, AOR
Mr. Aakash Nandolia, Adv.
Ms. Sagun Srivastava, Adv.
Ms. Nisha Pandey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The present appeal is allowed in terms of the signed order. The operative part of the order, inter alia, reads as under:
We accordingly allow the present appeal of the appellant and the impugned order
rejecting the appellants plea for suspension of sentence and regular bail stands modified. Let his sentence be suspended pending conclusion of hearing of the appeal and let him be released and remain on bail till that time, subject to such terms and conditions the Trial Courtmay impose upon him.

Pending application(s), if any, shall stand disposed of.
(SNEHA DAS) (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR