Allowed

Jagannatha Nayak @ Jaga @ Sanajaga v. State of Odisha

Orissa HC8 Jun 2020BLAPL/499/2020

Case brief

AI extract

What is this about?

This court allowed a bail application filed under Section 439 CrPC by a petitioner detained since October 2019 for an offence under Section 395 IPC. The court noted completed investigation, commitment to the Session Court, lack of absconding risk, and length of detention as factors for granting bail.

What did the court decide?

Petitioner released on bail on bond of Rs.20,000 with two local solvent sureties.

Jagannatha Nayak @ Jaga @ Sanajaga Vs State of… — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No.499 of 2020

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03 08.06.2020 Heard Mr. Mohapatra, learned counsel for the petitioner and Mr.Pani, learned Additional Standing Counsel.

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This is an application under section 439 of the Code of Criminal Procedure filed by the present petitioner, who has been involved in S.T. Case No. 34 of 2019 arising out of Raikia P.S.Case No.72 of 2015 pending in the Court of the learned Assistant Sessions Judge, Baliguda for commission of offence under section 395 of the Indian Penal Code. His bail application was rejected by the learned Assistant Sessions Judge, Baliguda.

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It is submitted by the learned counsel for the petitioner that on the basis of the co-accused statement, the petitioner has been entangled in this case. Learned counsel for the petitioner further submits that the investigation has been completed and case has been committed to the court of Session. The petitioner is in custody since 30.10.2019. On the other hand, learned Standing Counsel submits that if the petitioner is released at this stage, he may commit similar offense.

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Moreover, the petitioner happens to be the permanent resident of village Bhejiput, Badadanda under Bhanjanagar P.S. in the district of Ganjam. Hence there is no reasonable chance of his abscondance from justice.

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Considering the rivalised submissions made by the learned counsel for both the parties and having regard to the length of detention in custody of the petitioner, I am inclined to allow this bail application and direct that the

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petitioner be released on bail on executing bond of Rs.20,000/-(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Assistant Sessions Judge, Baliguda in connection with the aforesaid case subject to the following conditions:

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i) He shall appear before the trial court on each date of posting of the case.

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ii) He shall not abscond or commit similar offense while on bail, and

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iii) He shall not try to influence or terrorize the witnesses of the prosecution in any manner.

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Violation of any of the above condition and registration of any new case against the petitioners shall entail automatic cancellation of their bail.

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The BLAPL is disposed of accordingly.

P.Patnaik,J

Jagannatha Nayak @ Jaga @ Sanajaga v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagannatha Nayak @ Jaga @ Sanajaga 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

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