Allowed

Sadhu Nayak v. State of Odisha

Orissa HC11 Nov 2020BLAPL/305/2020

Case brief

AI extract

What is this about?

In this bail application, the High Court reconsidered an earlier rejected bail plea. Observing that material witnesses had not supported the prosecution case and noting the period of detention, the Court granted bail to the petitioner accused of murder.

What did the court decide?

The petitioner was released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties and complying with other conditions.

Sadhu Nayak Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 305 of 2020

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SADHU NAYAK … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

11.11.2020 The matter is taken up through Video Conferencing.

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Heard 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. for grant of bail to the petitioner in connection with Ambadola P.S. Case No. 40 of 2018 corresponding to C.T. Case No. 43 of 2018 pending in the Court of learned Addl. Sessions Judge, Gunupur, Rayagada for alleged commission of offences under sections 302/34 of the Indian Penal Code.

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The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Gunupur by order dated 25.11.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.05.2018 and the earlier bail application of the petitioner in BLAPL No. 6507 of 2018 was rejected on 01.12.2018 and in the meantime trial has commenced and out of twenty six charge sheet witnesses, twenty three witnesses have already been examined and no clinching material is available on record against the petitioner and therefore, the bail application of the petitioner may be favourably

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reconsidered.

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Learned counsel for the State after going through the deposition copies of the witnesses supplied by the learned counsel for the petitioner submitted that the material witnesses including the informant have not supported the prosecution case.

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Considering the submissions of the learned counsel of the respective parties, change in the circumstances after rejection of the earlier bail application of the petitioner and since material witnesses have not supported the prosecution case during trial, taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) 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.

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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

Sadhu Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sadhu Nayak 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

Coram

Case details

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