Allowed

Sankar Dakua v. State of Odisha

Orissa HC23 Apr 2021BLAPL/745/2021

Case brief

AI extract

What is this about?

In a bail petition under Section 439 CrPC regarding an alleged murder case, the High Court of Orissa, while not willing to release the petitioner on merit, granted interim bail for one month. The order considered the petitioner's long detention, the health conditions of his family members, and his past voluntary surrender, directing him to surrender before the trial court upon expiry of the period

What did the court decide?

Petitioner granted interim bail for one month on bail bond of Rs. 50,000 with two local solvent sureties, with condition to surrender before trial court before expiry of the period.

Sankar Dakua Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 745 of 2021

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Sankar Dakua

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Petitioner

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Mr. B.K.Sahoo, Advocate

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-versus-

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State of Odisha

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Opp. Party

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Mr.J.P.Patra, Addl. Standing Counsel

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Order No.

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CORAM: JUSTICE S.K. SAHOO ORDER 23.04.2021 I.A. No. 113 of 2021 & BLAPL No. 745 of 2021

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The matters are taken up by video conferencing mode.

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Heard learned counsel for the petitioner and the learned counsel for the State.

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I.A. No. 113 of 2021 has been filed for interim bail on the ground of ailment of the father of the petitioner.

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BLAPL No. 745 of 2021 has been filed for grant of bail under section 439 of Cr.P.C. in connection with Tarasingi P.S. Case No. 61 of 2001 corresponding to S.T. Case No. 164 of 2018 pending

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in the file of learned Addl. Sessions Judge, Bhanjanagar for alleged commission of offence

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// 2 //

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punishable under section 302/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned learned Addl. Sessions Judge, Bhanjanagar, which was rejected on 18.01.2021.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.09.2017 and though in the meantime trial has commenced, but out of twenty charge sheet witnesses, only six witnesses have been examined so far. He further submitted that the father of the petitioner is having cardiac problem for which surgical treatment is necessary and the younger brother of the petitioner is a disabled person and therefore, there is no other male member to take care of the health of the father of the petitioner. It is further submitted that when the petitioner approached this Court last time for bail in BLAPL No. 2053 of 2020, he was granted interim bail for fifteen days and after availing the interim bail period, he surrendered in the Court below at right time and therefore, there is no chance of absconding of the petitioner and thus, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted

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that it is a case of the year 2001 and the petitioner was an absconder and he could only be arrested on 17.09.2017 on the strength of a non-bailable warrant of arrest. So far as the interim application for interim bail is concerned, on instruction from the Inspector in-charge of Tarasingi Police Station, learned counsel for the State submitted that though the father of the petitioner has some health problem, but now he is stable. The report further indicates that the brother of the petitioner is a disabled person and he is not able to take care of the father of the petitioner and the mother of the petitioner was found to have some spinal problem and not able to move properly.

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Learned trial Court as per the order dated 22.03.2021 has submitted the status report wherein it is mentioned that out of twenty charge sheet witnesses, six witnesses have been examined and after availing the interim bail period, the petitioner voluntarily surrendered and summons were issued to the informant and other charge sheet witnesses for recording their evidence.

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Considering the submissions made by the learned counsel for the respective parties and in view of the available materials on record, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of

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the petitioner in judicial custody, the health condition of the family members of the petitioner, his conduct in complying with the terms and conditions of the interim bail granted earlier, I direct that the petitioner be released on interim bail for a period of one month from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the one month period.

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For the above period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty 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 terms and conditions as the learned Court may deem just and proper with further conditions that the petitioner shall not try to come in contract with the prosecution witnesses and shall not tamper with the evidence.

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Accordingly, the BLAPL is disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

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// 5 //

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Court’s Notice No. 4587 dated 25^th March 2020 as modified by Court’s Notice No. 4798 dated 15^th April 2021.

( S.K. Sahoo)

Judge

PKSahoo

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Sankar Dakua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sankar Dakua v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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