Single judge of the High Court of Orissa allowed bail to the petitioner in a murder case under Section 302 IPC, considering him fit for release after a period of judicial detention. Bail was imposed on personal bond and two sureties.
Petitioner released on bail on bond of Rs. 50,000 with two local solvent sureties for Rs. 50,000 each.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1156 of 2023
Suraj Singh
Petitioner
Mr. S.K. Jena, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. Rajesh Tripathy Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
13.04.2023
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
Order No.
This is an application under section 439 Cr.P.C. in connection with Bargarh Town P.S. Case No.568 of 2017 corresponding to C.T. Case No.54 of 2018 pending in the file of learned Sessions Judge, Bargarh for alleged commission of offence under section 302 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Bargarh vide order dated 17.01.2023.
Learned counsel for the petitioner submitted that
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the petitioner was released on bail by this Court in BLAPL No.3009 of 2018 as per order dated 23.07.2018 and thereafter, he was all along taking steps in the case and on account of non-taking of steps on 09.01.2023, non-bailable warrant of arrest was issued against him and he was taken into judicial custody again on 17.01.2023 and since that date, he is in judicial custody. He further submits that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
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 to ensure his presence during trial
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with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
RKM
Judge
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1 issue framed by the court
Whether the petitioner is eligible for release on bail in a murder case after serving time in judicial custody.
2 provisions across 2 enactments
Suraj Singh
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
