The High Court of Orissa heard an application for interim bail in a murder and theft case. Noting the delay in trial and the state's lack of objection, the court granted interim bail for three months subject to bond and conditions.
Petitioner released on interim bail for three months on furnishing bond of Rs.50,000 with two solvable sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1988 of 2023
Narayan Das
Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. P.B. Tripathy Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO ORDER Order No. 07.07.2023 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 of Cr.P.C. in connection with Marsaghai P.S. Case No.237 of 2020 corresponding to S.T. Case No.92 of 2021 pending in the Court of learned Additional Sessions Judge, Kendrapara for offences punishable under sections 457/395/397/307 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Kendrapara which was rejected on 14.02.2023.
Learned counsel for the petitioner submitted
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that the petitioner is in judicial custody since 12.10.2020 and when he approached this Court for bail last time in BLAPL No.1134 of 2022, he was granted interim bail for a period of three months as per order dated 01.11.2022 and after availing the same, he surrendered at right time and the prosecution evidence is not closed till date. He further submitted that in view of the delayed disposal of the trial, the petitioner may be granted interim bail for some period.
Learned counsel for the State has no serious objection so far as the interim bail of the petitioner is concerned.
The status report dated 13.04.2023 submitted by the learned trial Court indicates that out of twenty seven charge sheet witnesses, fourteen witnesses have been examined so far.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the slow progress of the trial and the conduct of the petitioner in complying with the earlier order of interim bail granted by this Court, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months
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period.
For the above period, 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 further terms and conditions as the learned Court may deem just and proper subject to conditions that while on interim bail, the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the terms and conditions shall entail cancellation of interim bail. Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge
RKM
Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 07-Jul-2023 19:01:38
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1 issue framed by the court
Whether to grant interim bail to the petitioner pending trial given the delay in disposal and conduct of the accused.
1 provisions across 1 enactments
Narayan Das
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
