The High Court Allowed the bail application of Seshadev Bag @ Khali charged with an offence under section 394 IPC. The Court considered the trial status, detention period, and bail of co-accused persons.
Release the petitioner on bail after furnishing a bond of Rs. 50,000 with two solvent sureties, subject to conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.14289 of 2023
Seshadev Bag @ Khali
Petitioner
Mr. U.R. Jena, Advocate.
-versus-
State of Odisha
…. Opp. Party
Mr. Priyabrata Tripathy, Additional Standing Counsel.
Order No.
CORAM:
JUSTICE S.K. SAHOO
ORDER
22.12.2023
This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1384 of 2020 arising out of Puintala P.S. Case No.237 of 2020 pending in the Court of learned Sessions Judge, Balangir for offence punishable under section 394 of the I.P.C.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 18.11.2020 and his earlier bail application was rejected by this Court in BLAPL No.1123 of 2021 as per order dated 26.04.2021. He files copy of the bail order which is taken on recode. Learned counsel further submitted that in the meantime, trial has commenced
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and two identifying witnesses have been examined in the learned trial Court as P.W.10 and P.W.15 and they have stated in their evidence that photographs of the accused persons were shown to them before T.I. parade and taking into account such evidence, two of the co accused persons namely, Sushanta Bibhar and Sushanta Tandi were released on bail by this Court in BLAPL No.10347 of 2022 & BLAPL No.3625 of 2023 vide orders dated 20.01.2023 & 05.10.2023 respectively. He files copies of the bail orders and supplied the same to the learned counsel for the State. The same are taken on record. He further submitted that since similarly situated co-accused persons have been released on bail, therefore, the bail application may be favourably considered.
Learned counsel for the State pointed out from the rejection order which is dated 18.10.2023 that the trial is at the verge of its completion.
Considering the submission made by learned counsel for the respective parties, nature of evidence adduced during trial, period of detention of the petitioner in judicial custody, release of the co-accused persons on bail, I am inclined to release the petitioner on bail and accordingly, direct the petitioner to be released on bail.
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. While on bail, the petitioner shall not try to come in contact with any of the prosecution
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witnesses or tamper with the evidence and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during bail and he shall not indulge in any criminal activities in any manner.
Violation of any terms and conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Issue urgent certified copy of this order on proper application.
amit
(S.K. Sahoo)
Judge
Signature Not Verified
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 22-Dec-2023 15:19:53
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1 issue framed by the court
Whether to grant bail to the petitioner in a case under section 394 IPC considering the trial stage and release of co-accused.
1 provisions across 1 enactments
Seshadev Bag @ Khali
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
