Allowed

Sumanta Naik v. State of Odisha

Orissa HC11 Mar 2019BLAPL/98/2019

Case brief

AI extract

What is this about?

The Single Judge granted bail to the petitioner in a case involving murder under Section 299/302 IPC and conspiracy under Section 120-B IPC. The Court was influenced by the hostility of prosecution witnesses in the co-accused's trial and the petitioner's detention period, while noting his criminal antecedents.

What did the court decide?

The petitioner is released on bail upon furnishing a bond of Rs. 20,000 with two solvent sureties.

Sumanta Naik Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

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BLAPL No. 98 of 2019

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11.03.2019 Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.449 of 2017 arising out of NTPC P.S. Case No.48 of 2017 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences punishable under sections 302/120-B of the Indian Penal Code and sections 25 and 27 of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Talcher which was rejected on 15.11.2018.

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Learned counsel for the petitioner submitted that the petitioner was taken on remand in this case on 12.07.2018 and charge sheet has been submitted under sections 302/120-B of the Indian Penal Code and sections 25 and 27 of the Arms Act. He further submitted that as per the statements of two star witnesses on behalf of the prosecution namely Sidhi Ranjan Sahu and Abdish Kumar Sahu, co-accused Ranjit Das and Subash Sahani fired gunshots at the deceased Mangulu while moving in a motor cycle and those statements indicate criminal conspiracy of the petitioner with the co-accused persons. He further submitted that in the meantime, trial in respect of the co-accused has already commenced in the Court of learned Addl. Sessions Judge, Talcher in C.T.(S) Case No.49 of 2018 and the aforesaid two witnesses Sidhi Ranjan Sahu and Abdish Kumar Sahu have been examined as P.W.4 and P.W.5 and they have not supported the prosecution case for which they have been declared hostile by the prosecution. It is further submitted that the F.I.R. has been lodged against unknown persons and similarly situated coaccused persons namely Api @ Anil Kumar Naik and Sushil

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Kumar Das have been released on bail by this Court in BLAPL No.2066 of 2018 and BLAPL No.4944 of 2018 and therefore, the bail application of the petitioner may be favourably considered. He files the copies of the bail orders as well as depositions of the witnesses which are taken on record.

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Learned counsel for the State submitted that there are number of criminal antecedents against the petitioner. However, he does not dispute that the petitioner is similarly situated like the co-accused persons who have been enlarged on bail.

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skb

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the co-accused persons on bail and since the two star witnesses on behalf of the prosecution have not supported the prosecution case during trial of the co-accused, taking into account the period of detention of the petitioner in judicial custody since 12.07.2018, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Sumanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sumanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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