Salbam Sama Vs State of Odisha

BLAPL No.1551 of 2019 1

19.06.2019

Learned counsel for the petitioner, by producing certified copy of the judgment of split up case record in Criminal Trial Case No.27 of 2012, submits that in the cause title, inadvertently the G.R. Case No. has wrongly been mentioned as 122(A) of 2008 in place of 112(A) of 2008 and seeks permission to correct the same. Accordingly he is permitted to correct the same.

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Heard learned counsel for the petitioner.

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This is a successive bail petition filed after rejection of bail application bearing BLAPL No.803 of 2018 dtd.07.12.2018.

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Learned counsel for the petitioner, by showing the certified copy of the judgment in split case, submits that the other six co-accused persons were already acquitted U/s.232 Cr.P.C. and from the deposition of 7 witnesses already examined in this case by the end of February, 2019, no incriminating material has been surfaced so far against the present petitioner, as such there is bleak chance of his conviction. The petitioner is in custody since 01.12.2017. Hence he may be released on bail.

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The case was split up for absconding of this accused resulting separate trial. In that view of the matter, though I am not inclined to grant bail for want of special ground to maintain successive bail petition, but keeping in view the direction of Hon’ble Apex Court in the case of Hussain & Anr. Vrs. Union of India , reported in 2017 (5) SCC 702 , learned trial court is directed to

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conclude the trial within three months hence, failing which the petitioner shall be at liberty to renew the bail petition.

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Issue urgent certified copy on proper application.

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………………………... Dr. A. K. Mishra, J.

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mkp

Salbam Sama v. State of Odisha

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Salbam Sama v. State of Odisha

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