Dismissed

Surya Nahak v. State of Odisha

Orissa HC10 Nov 2021BLAPL/8386/2021

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's bail application under Section 439 Cr.P.C. The petitioner, who absconded for 13 years, was recently apprehended in a murder case. The court held that despite a filed charge sheet, the case was not a fit one for bail and directed the trial court to conclude the trial within six months.

What did the court decide?

Application for bail rejected; trial court directed to conclude proceedings within six months.

Surya Nahak Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.8386 of 2021

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Surya Nahak

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…. Petitioner

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Mr. S.K. Pradhan, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.K. Mohanty, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

10.11.2021

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 Polasara P.S. Case No.101 of 2008 corresponding to G.R. Case No.295 of 2008 pending in the court of learned J.M.F.C., Kabisuryanagar.

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Perused the FIR and other documents annexed to the bail application beside the impugned order dated 14.09.2021.

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The complainant lodged the FIR alleging there in that the incident took place on 12.10.2008 at about 6.PM, while he was sitting on the outer veranda of his house and at that time, named accused persons including the petitioner arrived being armed with stick, etc. and abused and was assaulted by means of an axe and at that point of time, deceased reached to the spot to rescue him and in course of events, another accused, namely, Surjya Nahak assaulted him with an wooden plank and thereafter, the village

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people arrived and then the accused persons fled from the spot. In that connection, Polsara P.S. Case No.101 of 2008 was registered.

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Learned counsel for the petitioner submits that in the meantime, charge sheet was filed and on the strength of NBW issued by the learned court below, petitioner was apprehended and forwarded to the court and he is in custody since then. It is also submitted that in a case arising out of the incident, one of the accused persons has been convicted under Section 304 of IPC, whereas, another though tried to together, was acquitted of the charges and in so far as the present accused is concerned, he would definitely face the trial and therefore, should be released on bail with any conditions as deemed just and proper, which is strongly objected to by the learned counsel for the State. Perused the charge sheet and other police papers and certified copies of which are annexed to the bail application. The accused persons have been charge sheeted under Section 302 of the IPC and other allied offences. The alleged occurrence took place in the year, 2008 and thereafter, charge sheet was filed in 2009. The petitioner was on run till now. It is admitted that the petitioner absconded and could be arrested recently almost after 13 years.

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Having regard to the above facts and submissions made and the fact that charge sheet is filed and notwithstanding the abscondance of the petitioner for quite long time, the Court is of the considered view that it is not a fit case for grant of bail.

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In the result, the application under Section 439 of Cr.P.C. stands rejected. The learned court below is requested to commence and conclude the trial within a period of six months from now

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unless there is any legal impediment impediment. However, the petitioner is granted with liberty to renew the prayer for bail, if the trial is not concluded within the stipulated period.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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TUDU

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Surya Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surya Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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