Allowed

Dibakar Tandi v. State of Odisha

Orissa HC8 Sept 2020BLAPL/2365/2020

Case brief

AI extract

What is this about?

The High Court granted interim bail for three months to the petitioner, who is facing charges including murder and dowry death. The Court noted the significant delay in the trial and the petitioner's compliance with previous bail orders, directing the trial court to expedite proceedings.

What did the court decide?

Petitioner released on interim bail for three months with a direction to surrender immediately upon expiry and conditions to be framed by the trial court.

Dibakar Tandi Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2020)

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BLAPL No. 2365 of 2020

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DIBAKAR TANDI … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

08.09.2020 The matter is taken up through Video Conferencing.

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

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This is an application under section 439 of Cr.P.C. in connection with Patnagarh P.S. Case No.47 of 2016 corresponding to Sessions Case No. 50 of 2016 pending in the file of learned Addl. Sessions Judge, Patnagarh for alleged commission of offences under sections 498-A, 304(B), 302, 306 of the Indian Penal Code and section 4 of Dowry Prohibition Act.

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The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Patnagarh vide order dated 19.02.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.05.2016 and on the last occasion when he approached this Court for bail in BLAPL No. 3308 of 2019, vide order dated 30.07.2019 he was granted interim bail for a period of three months on the ground of delayed disposal of the trial. Learned counsel for the petitioner further submitted that after availing the interim bail period, the petitioner surrendered at right time in the trial Court and out of

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twenty four charge sheet witnesses, nineteen witnesses have so far been examined and the last witness, i.e. P.W. 19 was examined on 20.07.2018 and thereafter there is no progress in the trial. The rejection order also indicates that the doctor and the I.O. are yet to be examined.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the progress of trial so far and particularly taking into account conduct of the petitioner in complying with the order of interim bail passed in the last bail application, 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 three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of three months period.

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For the above period, let the petitioner be released on bail in the aforesaid case on such terms and conditions as the learned Court may deem just and proper. The learned trial Court shall do well to expedite the trial since the sessions case is of the year 2016.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Dibakar Tandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dibakar Tandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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