The High Court granted bail to the petitioner, Suvendra Jena, who was imprisoned for murder under Section 302 IPC. Despite the trial not concluding and other co-accused already released, the court Ordered release by the court in seisin on appropriate terms.
Petitioner directed to be released on bail by the court in seisin on appropriate terms and conditions.
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CORAM : Hon’ble Shri Justice S. Pujahari BLAPL No.1625 of 2020
Suvendra Jena … Petitioner - versus – State of Orissa … Opp. Party
ORDER
Heard the learned counsel for the petitioner, learned counsel for t informant and the learned counsel for the State.
The petitioner being in custody in S.T. Case No.219 of 2013 arising out of Choudwar P.S Case No.155 of 2012 pending in the court of 3rd Addl. Sessions Judge, Cuttack has filed this petition for his release on bail. The offence alleged against him is punishable under Section 302 IPC.
The petitioner along with others stated to have committed the murder of the deceased. Pursuant to the disclosure statement made by the petitioner before the police, the so-called weapon of offence was recovered from the place of concealment and the handset of the deceased was recovered from the possession of the petitioner.
The petitioner is in custody from 11.11.2012 and trial of the case has not yet concluded and other co-accused persons have been released on bail.
Considering the aforesaid facts and the submissions made, this Court directs that the petitioner be released on bail in the aforesaid case by the court in seisin over the matter on such terms and conditions as it would deem just and proper.
Accordingly, the BLAPL stands disposed of being allowed. Urgent certified copy of this order be granted as per rules.
S.Pujahari, J.
PKS
2
1 issue framed by the court
Whether the petitioner contending in custody in a murder trial deserves release on bail.
Suvendra Jena
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
