This judgment grants interim bail to a petitioner detained under sections 302 and 201 IPC. Noting the incumbent trial court's stance and prolonged detention, the court directed release for two months subject to surrender requirements.
Release on interim bail for two months with a bail bond of Rs. 20,000 and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 7784 of 2018
This is an application under section 439 Cr.P.C. in connection with Chhend P.S. Case No.89 of 2017 corresponding to S.T. Case No.23 of 2018 pending in the file of learned 1st Addl. Sessions Judge, Rourkela for alleged commission of offences under sections 302 and 201 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 1st Addl. Sessions Judge, Rourkela vide order dated 13.12.2018.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.10.2017 and his earlier bail application in BLAPL No.926 of 2018 was rejected on 09.05.2018 on merit. Even though the case was committed to the Court of Session in the year 2018 but the trial has not commenced and the local Bar members are not cooperating in the trial of the cases.
Learned counsel for the State has not disputed the
position which is prevailing in the Courts at Rourkela.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the present position, which is prevailing in the Courts at Rourkela, while not inclining to release the petitioner on bail on merit, I direct that the petitioner be released on interim bail for a period of two months starting from the date of his release and the petitioner will surrender before the learned trial Court after expiry of the two months period.
For the above period, let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/-
(rupees twenty thousand) 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
�������..�� S.K.Sahoo,J.
1 issue framed by the court
Whether the petitioner should be released on interim bail in light of his detention and the prevailing judicial stance at Rourkela.
2 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
