Allowed

Charku@Mahendra Lakra v. State of Orissa

Orissa HC20 Feb 2019BLAPL/5220/2017

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC challenging a conviction in the Rajgangpur case, the High Court granted bail to the petitioners for three months. The release was ordered because the lower court trial could not commence due to the attachment of records pending a consideration of a state petition.

What did the court decide?

Bail granted for a period of three months by furnishing a bail bond of Rs. 20,000 with two solvent sureties and further conditions.

Charku@Mahendra Lakra Vs State of Orissa — Bail and Remand | Orissa HC (2019)

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BLAPL No. 5220 of 2017

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05. 20.02.2019

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

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This is an application under Section 439, Cr.P.C. in connection with Rajgangpur P.S.Case No. 157 of 2012 corresponding to Sessions Trial No. 12/15 of 2016 pending in the file of learned Sessions Judge, Sundergarh for alleged commission of offence under sections 147, 148, 395, 302, 307, 294, 332, 333/149 of the Indian Penal Code.

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The petitioners moved an application for bail before the court of learned Sessions Judge, Sundergarh, which was rejected on 24.06.2017.

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The earlier bail application of the petitioners was rejected in BLAPL No.1832 of 2016 vide order dated 27.07.2016, taking into account the evidence adduced in the case of the co-accused persons and also taking into account the fact that the petitioners have absconded for a very long period. Needless to say that the co-accused persons faced trial in the Court of learned Additional Sessions Judge, Sundergarh in S.T. Case No.52/57 of 2013 and vide judgment and order dated 26.09.2015, one of the accused was acquitted but rest seventeen numbers of accused persons were convicted for various offences including under section 302 of the Indian Penal Code and they were sentenced to undergo imprisonment for life and they have preferred JCRLA No.76 of 2015 before this Court.

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The learned counsel for the petitioners submitted that since the lower Court record is attached to JCRLA No.76 of 2015, trial could not commence.

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The petitioners are in judicial custody since 08.02.2016 and since the earlier order passed in BLAPL No.1832 of 2016 has not been complied with and trial has not commenced, I am inclined to release the petitioners on bail for a period of three months from the date of release.

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For such purpose, let the petitioners be released on bail in

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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.

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The learned trial Court shall send a request for sending the lower Court records, which is available in JCRLA No.76 of 2015. Issue urgent certified copy as per Rules.

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��..�� S.K.Sahoo,J.

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RKM

Charku@Mahendra Lakra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Charku@Mahendra Lakra v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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