Allowed

Biswaranjan Puhan@Dipu@Babu@Tapuni v. State of Orissa

Orissa HC13 Mar 2019BLAPL/1137/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding robbery and attempted murder charges, the Court granted bail considering the prolonged detention, lack of implicating evidence from examined witnesses, and the absence of the identifying witness despite summons.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs.50,000 with two local solvent sureties for the same amount.

Biswaranjan Puhan@Dipu@Babu@Tapuni Vs State of Orissa — Bail and Remand | Orissa HC (2019)

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BLAPL No.1137 of 2018

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11. 13.03.2019

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Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with S.T. Case No.36/140 of 2018 arising out of Balasore Sadar P.S. Case No.272 of 2017 pending in the Court of learned Asst. Sessions Judge, Balasore for commission of offences punishable under sections 395/307 of the Indian Penal Code read with sections 25/27 of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Balasore which was rejected on 07.02.2018.

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Learned counsel for the petitioner submits that the petitioner is in custody since 07.12.2017 and in the meantime, trial has commenced and fifteen witnesses have so far been examined in the learned trial Court and none of the witnesses has stated anything against the petitioner. Learned counsel for the petitioner further submitted that one Lalit Kumar Vyas identified the petitioner in the T.I. parade but he is a man of Rajasthan and in spite of repeated summons, he has not turned up to give his evidence. Learned counsel for the petitioner files the deposition copies as well as the summons issued to the identifying witness which are taken on record. He further submitted that in view of the period of detention of the petitioner in judicial custody and delay in disposal of the trial, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposes the prayer for bail and stated that the entire allegation against the petitioner is based on the evidence of the identifying witness Lalit Kumar Vyas .

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Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that none of the witnesses examined so far has implicated the petitioner in the alleged crime and the identifying witness Lalit Kumar Vyas is not turning up to give his evidence in spite of repeated summons and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in session over the matter with further terms and conditions as the learned Court may deem just and proper with further condition that the petitioner shall remain present before the learned trial Court on each date when the case would be posted for trial. Violation of any of the conditions imposed either by this Court or by the learned Court, the bail bond shall be liable to be cancelled.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Biswaranjan Puhan@Dipu@Babu@Tapuni v. State of Orissa

Case brief

What is this about?

What did the court decide?

Biswaranjan Puhan@Dipu@Babu@Tapuni v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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