Charana Naik Vs State of Odisha

BLAPL No.4252 of 2018

26.11.2018 The petitioner being in custody in Jarapada P.S. Case No.5 of 2016 corresponding to C.T.(S). Case No.113 of 2016 pending in court of learned Addl. Dist. & Sessions Judge, Angul, running for the alleged commission of offence under section 302/34 IPC, has filed this application under section 439 Cr.P.C. for his release on bail.

Learned counsel for the petitioner submits that by now larger number of witnesses have already been examined during trial and none have implicated this petitioner in the manner in which the prosecution had presented the case. He further submits that the petitioner has remained in custody for more than two years by now when completion of the trial of the case is also uncertain. He also submits that the petitioner being a permanent resident of the district of Angul; there is hardly any the scope for him to flee from the justice.

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Learned Addl. Standing Counsel opposes the

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move.

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Considering the submissions made and on going through the materials available on record including the depositions of the wife of the deceased and other prosecution witnesses examined so far; further keeping in view the surrounding circumstances as well as the period of detention of the petitioner in custody and in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin

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of the case with further that the petitioner will appear in person on each date of posting of the case till conclusion of the trial. The BLAPL stands disposed of.

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Issue urgent certified copy as per rules.

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…………………….. D. Dash, J.

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Aks

Charana Naik v. State of Odisha

Case brief

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Charana Naik v. State of Odisha

Case brief

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