Single judge allowed bail in murder and assault case. Court released petitioner on furnishing bond with sureties, noting he was in judicial custody and co-accused were on bail despite petitioner's history as an absconder.
Petitioner released on bail by furnishing a bond of Rs. 2,00,000 with two local solvent sureties for the like amount.
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BLAPL No. 2894 of 2020
JUDHISTIR PARIDA @ … PETITIONER PANCHU
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Delanga P.S. Case No.97 of 1997 corresponding to S.T. Case No. 13/247 of 2019 pending in the Court of learned 1st Addl. Sessions Judge, Puri for the alleged commission of offences under sections 149, 148, 341, 324, 326, 302/149 of the Indian Penal Code and section 25 of the Arms Act.
The petitioner moved an application for bail before the Court of learned 1st Addl. Sessions Judge, Puri, which was rejected on 06.02.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 04.10.2019, the omnibus nature of allegation against the petitioner relating to the assault on the deceased Banamali Jena, the background of political dispute between the parties, release of co-accused persons on bail and on hearing the learned counsel for the State who submitted that the petitioner was an
absconder for years together, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.2,00,000/(rupees two lakh) with two local 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 petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and also appear before the I.I.C., Delanga P.S. once in every fortnight preferably on Sunday till conclusion of trial and shall not indulge in any criminal activities while on bail. Violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
2 issues framed by the court
Whether the petitioner should be released on bail in connection with offences including murder and assault.
Whether the petitioner's status as an absconder bars the grant of bail.
3 provisions across 3 enactments
JUDHISTIR PARIDA @ PANCHU
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
