The Court allowed the bail application of an accused in custody, directing his release with conditions advised by the court, considering the release of co-accused and the period of detention.
Directed the petitioner to be released on bail with conditions deemed just and proper by the court in seisin of the case.
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.2438 OF 2020
This matter is taken up through Video conferencing.
This is the second journey of the petitioner who is in custody in connection with Aska P.S. Case No.01 of 2019 corresponding to G.R. Case No.01 of 2019 committed to S.T. Case No.66 of 2019 on the file of learned Additional Sessions Judge, Aska running for alleged commission of offence under sections 302/120-B/34, I.P.C. read with section 25 (1-B)(a) of the Arms Act, in filing this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that coaccused Bhagaban Jena and Rushinath Bhanja have been released on bail by order dated 06.09.2019 and 27.09.2019 passed by this Court in BLAPL No.5760 of 2019 and 5964 of 2019 respectively. He further submits that insofar as the role said to have been played by the accused persons in the incident is concerned, this petitioner is similarly situated with those two on bail. It is further submitted that since this petitioner is a permanent resident of the district of Ganjam, there remains no scope on his part to flee from justice and at this stage tampering the evidence does not arise, especially, when there stands no report that the accused persons on bail have in anyway violated the terms and conditions imposed on them for their release on bail. In view of all the above, further placing the period of detention of the petitioner in custody, he urges for reconsideration for the prayer for grant of bail to the petitioner.
// 2 //
Learned counsel for the State although opposes the move, is not in a position to place any such distinguishable feature as regards the role of this petitioner with those of accused Bhagaban and Rushinath.
Considering the submissions made and on going through the materials available on record further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody as well as the factum of release of co-accused persons on bail, while being inclined to reconsider the prayer for bail of this petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not indulge in any criminal activity.
The BLAPL is accordingly disposed of.
H
…………………….. D. Dash, J.
2 issues framed by the court
Whether the petitioner is eligible for reconsideration and grant of bail considering the release of co-accused on bail.
Whether the petitioner satisfies the conditions required for bail under section 439 Cr.P.C. given his role and detention period.
3 provisions across 3 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
