The High Court of Orissa granted bail to the petitioner in a murder case, noting the trial court's failure to comply with a prior direction to expedite the trial, and imposed standard bail conditions.
The petitioner was released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties for the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.171 of 2023
Nanda @ Sanjit Mirdha ….
Petitioner
Mr.S.R. Rout, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. P.B. Tripathy Addl. Standing Counsel
Order No.
CORAM: JUSTICE S.K. SAHOO ORDER 07.07.2023
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 Lalbag P.S. Case No.198 of 2019 corresponding to S.T. Case No.16 of 2021 pending in the Court of learned 3rd Addl. Sessions Judge, Cuttack for offence punishable under section 302 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Cuttack, which was rejected on 24.12.2022.
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Learned counsel for the petitioner submitted that this is the 3rd successive bail application of the petitioner and the petitioner was taken into judicial custody in connection with this case on 21.09.2019 and he has been charge sheeted under section 302 of the Indian Penal Code. Learned counsel further submitted that in the learned trial Court, out of twenty five charge sheeted witnesses, seven witnesses have already been examined so far and earlier when the petitioner approached this Court for bail in BLAPL No.3956 of 2022 while not inclining to grant bail to the petitioner, direction was issued to the learned trial Court to expedite the trial and make every endeavour to conclude the same by end of December 2022 and in spite of such direction, the trial has not concluded and, therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer and submitted that the eye witness (P.W.3) has implicated the petitioner in the assault of the deceased, however on instruction submitted that there is no criminal antecedent against the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and
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since last order passed by this Court in BLAPL No.3956 of 2022 has not been complied with, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge
Sipun
Signature Not Verified
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Jul-2023 18:27:47
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3 issues framed by the court
Whether bail should be granted to the petitioner who is facing trial for murder after the trial court failed to expedite the proceedings as directed.
Whether the conditions of bail can be prescribed including appearance and non-interference with prosecution evidence.
Whether the bail application should be disposed of favorably due to non-compliance with the earlier direction to expedite the trial.
2 provisions across 2 enactments
Nanda @ Sanjit Mirdha
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
