Disposes of a bail application in a murder case. The court orders the release of the petitioner on bail with a specific bond amount and undertakings, finding the evidence insufficient and the trial unprogressed enough to deny liberty.
Petitioner released on bail upon furnishing bond of Rs. 50,000 with two solvent sureties each of Rs. 50,000.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 501 of 2021
Ananta Kumar Rout
…. Petitioner
Mr. Chitta Ranjan Dash, Advocate
-versus-
State of Odisha …. Opp. Party Mr. A.K. Beura, A.S.C.
Opp. Party
CORAM:
Order No.
JUSTICE S.K. SAHOO ORDER 16.08.2021
This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Khandagiri P.S. Case No.162 of 2018 corresponding to C.T. Case No.223 of 2018 pending in the court of learned Special Judge, C.B.I. –cum- Addl. Sessions Judge, Bhubaneswar for alleged commission of offences under sections 302/201 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Special Judge, CBI, Bhubaneswar vide order dated 15.01.2021
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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.07.2018 and he has been charge sheeted under sections 302/201 of the Indian Penal Code. It is further submitted that the occurrence in question took place on 18.04.2018 and the F.I.R. was lodged on 19.04.2018 and the case was registered under section 307 of the Indian Penal Code against unknown persons. Subsequently when the deceased Sanyasi Swain was undergoing treatment in the S.C.B. Medical College and Hospital, Cuttack died on 24.04.2018, the case turned to one under section 302 of the Indian Penal Code.
The petitioner earlier approached this Court for bail in BLAPL No.81 of 2019 and as per order dated 06.03.2019, while rejecting the application for bail, the learned Magistrate was directed to expedite the commitment of the case to the Court of Session and the learned trial Court was directed make every endeavor to conclude the trial within a period of six months from the date of framing of the charge. It is submitted that till date sixteen witnesses have been examined out of thirty one charge sheet witnesses and there is no eye-witnesses to the occurrence and the only material available against the petitioner is the dying declaration of the deceased recorded by the Investigating Officer. He further submitted that though
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P.W.2 has stated about the dying declaration being made by the deceased before police in his presence but her statement recorded by police does not indicate about the same. Similarly P.W.3’s statement regarding dying declaration runs contrary to the evidence of P.W.2 and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail and placed the evidence of P.Ws. 2 and 3 who have stated about the dying declaration. He further submitted that some witnesses are yet to be examined and therefore, the bail application should be rejected. He also placed the post mortem report which indicates that the deceased had sustained number of chopped wounds all over his body and the cause of death was on account of Cranio Cerebral injury and its complication thereof and the injuries were opined to have been caused by sharp cutting weapon.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court, the progress of the trial and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two
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solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further conditions that the petitioner shall appear before the learned trial Court on each date when the case would be fixed for trial and he shall not indulge in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted
on proper application.
P
( S.K. Sahoo)
Judge
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2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case pending trial.
Whether the rejection of bail by the lower court required modification considering trial progress.
2 provisions across 2 enactments
Ananta Kumar Rout
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
