Allowed

Panda @ Sanatana Pradhan @ Sanatan Padhan v. State of Odisha

Orissa HC6 Apr 2023BLAPL/2245/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by the petitioner in a case involving sections 302/307 IPC. Rejecting the State's opposition, the Court held that the petitioner's prior bail history and the length of current detention warranted grant of bail.

What did the court decide?

The petitioner was released on bail by furnishing a bond of ₹50,000 with two local solvent sureties.

Panda @ Sanatana Pradhan @ Sanatan Padhan Vs… — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2245 of 2023

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Panda @ Sanatana …. Petitioner Pradhan @ Sanatan Pradhan

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Mr.P.R. Das, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Order No.

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Mr.P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
06.04.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.

¶10

This is an application under section 439 Cr.P.C.

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in connection with Polasara P.S. Case No.69 of 2011 corresponding to S.T. Case No.20 of 2020 (S.T. No.235/2013) pending in the file of learned Addl. Sessions Judge, Kodala for alleged commission of offences under sections 341/302/326/307/34 of the Indian Penal Code.

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The prayer for bail of the petitioner has been rejected by the learned learned Addl. Sessions Judge, Kodala vide order dated 18.01.2023.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner was earlier on bail, but due to nontaking of steps in the learned trial Court on the date fixed, non-bailable warrant of arrest was issued against him for which he was taken into judicial custody on 19.12.2022 and since then he is in custody. He further submitted 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.

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Learned counsel for the State opposed the prayer for bail.

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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.

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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 with further condition that the petitioner shall appear before the trial Court on each date when the case

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// 3 //

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would be posted for trial.

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Violation of any of the terms and conditions fixed shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

¶23

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

PKSahoo

Page 3 of 3

Panda @ Sanatana Pradhan @ Sanatan Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Panda @ Sanatana Pradhan @ Sanatan Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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