J.Sunil Patro v. State of Odisha

BLAPL No.286 of 2019

1. 25.07.2019

The petitioners, who are in custody in Berhampur Sadar P.S. Case No.172 of 2016 corresponding to G.R. Case No.981 of 2016 further corresponding to S.T. Case No.130 of 2017 pending on the file of learned Additional Sessions Judge-cum-Additional Special Judge, Bhubaneswar running for the alleged commission of offence under section 302/120-B/34 of the IPC, have filed this application under section 439, Cr.P.C., for their release on bail.

Learned counsel for the petitioners submits that in this case, the co-accused, namely, Ramesh Ch. Jena has already been released on bail by order dated 9.5.2017 passed by this Court in BLAPL No.170 of 2017 and he is enjoying the liberty. He further submits that in the meantime ten witnesses have already been examined in the trial and none of them have implicated these petitioners to have played any role in the said incident. According to him, P.W.3 and 6, who are the witnesses to the discovery of Sword, have turned hostile. The other witness, P.W.10, has also remained silent. In view of all the above, further placing the factum of detention of the petitioners in custody since 9.9.2016 and submitting that there is no scope on the part of the petitioners to flee from justice and tamper the evidence, he contends that the detention of the petitioners till conclusion of the trial would not be in the interest of justice. Therefore, he urges for grant of bail to the petitioners.

Learned state counsel does not dispute the fact that all the P.Ws examined in the trial by now have not implicated these petitioners. He, however, submits that the evidence against these petitioners may come upon examination of other witnesses.

Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the period of detention of the petitioners in custody; it is directed that the petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the with further conditions that they would appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial and shall also appear before Inspector-inCharge, Berhampur Sadar P.S. on every Tuesday in between 10.00 am to 2.00 pm for a period of six months or conclusion of the trial, whichever is earlier.