In this bail application under Section 439 CrPC, the High Court of Orissa, considering the lack of clinching evidence, previous enmity, and period of detention, allowed the petitioner's bail in a murder conspiracy case.
Petitioner released on bail furnished a bond of Rs.50,000 with two 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.3438 of 2023
Dillip Kumar Sharma …. Petitioner
Ms. Sumitra Mohanty, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. Arupananda Das Addl. Govt. Advocate
CORAM:
Order No.
JUSTICE S.K. SAHOO ORDER 19.12.2023
This is an application under section 439 of Cr.P.C. in connection with Plantsite P.S. Case No.44 of 2021 corresponding to S.T. Case No.16/11 of 2022 pending in the Court of learned 2nd Addl. Sessions Judge, Rourkela for offences punishable under sections 302/120-B/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 2nd Addl. Sessions Judge, Rourkela, which was rejected on 21.02.2023.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since
// 2 //
10.03.2021 and earlier when he approached this Court for bail in BLAPL No.11058 of 2021, the same was rejected as per order dated 27.07.2022. Learned counsel has filed the certified copy of the order, which is taken on record. Learned counsel further submitted that out of fifty one charge sheeted witnesses, thirty four witnesses have been examined, sixteen witnesses have been declined by the prosecution and none of the witness examined so far in the learned trial Court has whispered anything implicating against the petitioner in connection with the alleged crime and therefore, the bail application of the petitioner may be favourably reconsidered.
Learned counsel for the State after going through the deposition copies of the witnesses fairly submitted that except previous enmity between the accused persons and the deceased, there is no clinching evidence came on record during trial.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of evidence has come on record so far in the learned trial Court, release of the co-accused persons on bail and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.
Page 2 of 3
// 3 //
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 and shall not try to tamper with the prosecution evidence.
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
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 20-Dec-2023 18:56:09
Signature Not Verified
Page 3 of 3
1 issue framed by the court
Whether the petitioner should be released on bail reconsidering the prayer after examining the nature of evidence and period of detention.
2 provisions across 2 enactments
Dillip Kumar Sharma
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
