Allowed

K.Bairi Patra v. State of Odisha

Orissa HC5 Mar 2021BLAPL/1001/2020

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning charges of rioting and murder, the court granted bail to the petitioner. Finding the trial slow and noting the petitioner's lack of criminal antecedents, the judge approved release pending periodic appearance and surety bonds.

What did the court decide?

Petitioner released on bail with bond of Rs. 50,000 and two sureties for equal amount, conditioned not to tamper with evidence and to appear in court.

K.Bairi Patra Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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BLAPL No.1001 of 2020

K.Bairi Patra

… Petitioner

-Versus-

05.03.2021

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State of Odisha

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... Opp. party

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This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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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 Berhampur Sadar P.S. Case No.194 of 2017 corresponding to S.T. Case No.32 of 2018 pending in the Court of learned 1^st Addl. Sessions Judge, Berhampur for alleged commission of offences under sections 147, 148, 302, 506, 450/149 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of 1^st Addl. Sessions Judge, Berhampur, which was rejected on 07.11.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.09.2017 and the bail application of the petitioner along with another in BLAPL No. 6426 of 2018 was rejected as per order dated 30.07.2019 and while rejecting the bail application, the learned trial Court was directed to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of the order. It is further contended by the learned counsel for the petitioner that

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till date, only fifteen witnesses have been examined out of thirty four charge sheet witnesses and the allegations against the petitioner are omnibus in nature and from the evidence of the eye witness M.Ladu Patra (P.W.1), it appears that the co-accused persons, namely, Kaneya Patra, Bhima Patra, M.Dandapatra and M.Balakrushna Patra assaulted the deceased over his head. Learned counsel further submitted that in view of the period of detention of the petitioner in judicial custody and slow progress of trial, the bail application of the petitioner may be favourably reconsidered, particularly when the petitioner has got no criminal antecedent.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of the witnesses examined so far in the learned trial Court. He, however, submitted that the deceased sustained thirteen nos. of injuries on different parts of his body.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, nature of evidence adduced so far in the learned trial Court, period of detention of the petitioner in judicial custody and slow progress of trial, I am inclined to release the petitioner on bail.

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

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that the petitioner shall not try to tamper with prosecution evidence and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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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

K.Bairi Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

K.Bairi Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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