Partly allowed

Kanta @ Srikanta Putel v. State of Odisha

Orissa HC5 Aug 2021CRLA/629/2020

Case brief

AI extract

What is this about?

The High Court allowed an appeal under section 14-A of the SC & ST (POA) Act seeking bail. Despite noting trial progress and opposing bail from the State, the Court granted interim bail for three months due to the appellant's prolonged detention, subject to strict conditions.

What did the court decide?

Interim bail granted for three months with direction to surrender immediately on expiry.

Kanta @ Srikanta Putel 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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CRLA No. 629 of 2020

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Kanta @ Srikanta Putel

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…. Appellant

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Mr. Devashis Panda, Advocate

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-versus-

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1. State of Odisha 2. Surendra Bag

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…. Respondents

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Mr. S.S. Pradhan Addl. Government Advocate

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
05.08.2021

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This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

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

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with Special G.R. Case No.02 of 2017 arising out of Larambha P.S. Case No.04 of 2017 pending in the Court of learned Special Judge (POCSO) -cum- Additional Sessions Judge, Bolangir for offences punishable under sections 363/376(2)(i) of the Indian Penal Code read with section 6 of the POCSO Act and section 3(2)(v) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Court (POCSO Act), Bolangir which was rejected

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// 2 //

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on 19.11.2020.

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Learned counsel for the appellant submits that the appellant is in judicial custody since 05.01.2017 and till date, out of twenty charge sheet witnesses, only ten witnesses have been examined.

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Learned counsel for the State opposed the prayer for bail.

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The status report was called for from the learned trial Court and the learned trial Court has submitted its report from which it appears that only ten witnesses have been examined so far.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the appellant in judicial custody and the progress of the trial so far and in view of the available materials on record, while not inclining to release the appellant on bail on merit, but taking into account the period of detention of the appellant in judicial custody, I am inclined to release the appellant on interim bail for a period of three months from the date of release and the appellant shall surrender before the learned trial Court immediately on expiry of three months period.

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For the above period, let the appellant 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 further terms and conditions as the learned Court may deem just and proper and with further conditions that while on interim bail, the appellant shall not try to

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// 3 //

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tamper with the prosecution evidence and shall appear before the learned trial Court on each date on which the date would be fixed for trial during the period of interim bail.

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Violation of any conditions shall entail cancellation of bail.

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Accordingly, the CRLA is disposed of.

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Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

RKM

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Kanta @ Srikanta Putel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kanta @ Srikanta Putel v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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