Allowed

Dillip Bhue v. State of Odisha

Orissa HC3 Jul 2020BLAPL/10266/2019

Case brief

AI extract

What is this about?

The High Court granted interim bail to the accused for three months. The release is based on the delay in the trial at the trial court, which is attributed to the nationwide lockdown and the framing of charges on 12.03.2020, despite the case being under trial since 2018.

What did the court decide?

Petitioner released on interim bail for three months on furnishing a bond of Rs. 50,000 with two sureties.

Dillip Bhue Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL No.10266 of 2019

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03.07.2020

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Dillip Bhue �� Petitioner -VersusState of Odisha �� Opp. Party The matter is taken up through video conferencing.

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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 C.T. Case No.10 of 2019 arising out of Jagdalpur P.S. Case No.142 of 2018 pending in the Court of learned Addl. Sessions Judge, Padampur for offence punishable under section 302 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Padampur which was rejected on 18.11.2019.

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Learned counsel for the petitioner submits that the petitioner is in custody since 12.12.2018 and his earlier bail application in BLAPL No. 3477 of 2019 was rejected as per the order dated 26.06.2019 and the petitioner was granted liberty to renew his prayer for bail after the examination of the eye witnesses before the learned trial Court but there is no progress in the trial. On such a submission of learned counsel for the petitioner, a report was called for from the learned trial Court i.e., learned Addl. Sessions Judge, Padampur who has reported as per letter dated 26.06.2020 that though

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the charge was framed on 12.03.2020 but there is no progress in the trial and not a single witness has been examined due to nationwide lock down for prevention of COVID-19.

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Learned counsel for the State opposes the prayer for bail.

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Considering the submissions of learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and since there is no progress in the trial and particularly the situation which is prevailing in the Court of Padampur, while not inclining to grant bail to the petitioner on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for 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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Dillip Bhue v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Bhue v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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