Allowed

Amit Suna v. State of Odisha

Orissa HC11 Nov 2020BLAPL/306/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. by two petitioners. Considering the long delay in trial and the failure of material witnesses to support the prosecution case, the court granted bail subject to furnishing a bond and sureties.

What did the court decide?

Released on bail with a bond of Rs. 50,000 each along with two local solvent sureties each for the like amount.

Amit Suna Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 306 of 2020

1. AMIT SUNA

2. MANU SUNANI

PETITIONERS

-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 petitioners 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 petitioners 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 petitioners has been rejected by the learned Addl. Sessions Judge, Gunupur by order dated 25.11.2019.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 05.05.2018 and the earlier bail application of the petitioners in BLAPL No. 6505 of 2018 was rejected on 01.12.2018 and in the meantime trial has commenced and out of twenty six charge sheeted witnesses, twenty three witnesses have already been examined and no clinching material is available on record against the petitioners and therefore, the bail application of the

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petitioners may be favourably 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 petitioners 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 petitioners and since the material witnesses have not supported the prosecution case, taking into account the period of detention of the petitioners in judicial custody, I am inclined to reconsider the prayer for bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) each 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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S.K. Sahoo, J.

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PKSahoo

Amit Suna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amit Suna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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