The High Court of Orissa granted interim bail to the petitioner after nearly three and a half years of judicial detention. No witnesses had been examined despite the petitioner's custody, attributed to the pandemic. Bail was subject to conditions.
Petitioner released on interim bail on furnishing a bond of Rs.50,000 with two local solvent sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9148 of 2020
Chaturbhuja Luha …. Petitioner
Mr.Anirudha Das, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. A.Pradhan, Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
18.08.2021
Learned counsel for the petitioner submits that when the petitioner earlier approached this Court in BLAPL No.1874 of 2019 while rejecting the bail application as per order dated 23.07.2019, learned trial Court was directed to expedite the trial and if possible, to conclude the trial within a period of six months from the date of receipt of a copy of the order of this Court. Learned counsel submitted on the previous dates that not a single witness has been examined in the trial Court. On the basis of such statement, a report was called for from the learned
trial Court relating to the status of the case. Learned trial Court has reported that though charge was framed against the petitioner on 21.01.2021, it was posted for hearing to 18.05.2021. Learned counsel further submitted that thereafter not a single witness has been examined on account of the situation arising out of Covid-19 pandemic. Learned counsel further submitted that in view of the period of detention of the petitioner in judicial custody, the bail application may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions of the learned counsel for the respective parties, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody and the fact that not a single witness has been examined so far in spite of the fact that the petitioner remained in judicial custody for a period of three and half years, I am inclined to release the petitioner on interim bail.
Let the petitioner be released on interim 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 such other conditions as the learned Court may deem just and proper including the
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conditions that while on interim bail, the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial, he shall not indulge in any criminal activities and shall not try to tamper with the prosecution evidence. Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy of this order as per
Rules.
Jagabandhu
( S.K. Sahoo)
Judge
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1 issue framed by the court
Whether the petitioner should be released on interim bail after prolonged detention without trial due to lack of witnesses examined.
Chaturbhuja Luha
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
