The High Court granted interim bail to petitioners alleged of offences under sections 147, 148, 302 R149 and 120-B IPC for four months, noting trial stagnation due to local bar members handling only bail matters.
Petitioners released on interim bail for four months on furnishing a bail bond of Rs.20,000 each with two solvent sureties for the like amount.
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BLAPL No. 2411 of 2019
This is an application under section 439 Cr.P.C. in connection with Kantabanji P.S. Case No.36 of 2017 corresponding to S.C. Case No.32 of 2017 pending in the file of learned Addl. Sessions Judge, Kantabanji for alleged commission of offences under sections 147, 148, 302, 120-B and 149 of the Indian Penal Code.
Learned counsel for the petitioners submitted that the petitioners are in judicial custody since March, 2017 and their earlier bail application has been rejected in BLAPL No.6011 of 2017 as per the order dated 21.06.2018 relying on the statements of two eye witnesses, namely, Brunda Banchhor and Nageswar Banchhor and the petitioners were directed to renew their prayer for bail after the examination of the aforesaid two eye witnesses. It is further submitted that there is no progress in the trial as the local Bar members are not cooperating in the trial of the cases and therefore, the petitioners may at least be granted interim bail.
A report was called for from the Registrar (Administration) in that respect. He obtained instruction to the effect that the Bar members at Kantabanji are only doing bail and urgent matters but due to their non-cooperation, the trial of the cases and recording of evidence have been stalled.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioners in judicial custody and the present situation, which is prevailing in the Courts at Kantabanji, while not inclining to release the petitioners on bail on merit, I direct that the petitioners be released on interim bail for a period of four months
starting from the date of their release and the petitioners will surrender before the learned trial Court after expiry of the four months period.
For the above period, let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
RKM
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3 issues framed by the court
Whether the petitioners in judicial custody should be granted interim bail given the lack of progress in the trial due to non-cooperation of local bar members.
Whether the bail application should be allowed on its merits or granted as interim relief during the pendency of the trial.
What terms and conditions should be imposed on the grant of interim bail including the amount of bail bond and sureties.
1 provisions across 1 enactments
Petitioners
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
