Allowed

Kafua @ Chittaranjan Kandi v. State of Odisha

Orissa HC14 Jul 2023BLAPL/4036/2023

Case brief

AI extract

What is this about?

In this bail application under section 439 Cr.P.C., the High Court of Orissa granted bail to the petitioner accused of murder. The court noted the petitioner's seven-year custody and partial trial progress, ordering release on a bond forfeit able to Rs.50,000 with two sureties and conditions of appearance at trial.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.50,000 with two local solvent sureties each for the like amount.

Kafua @ Chittaranjan Kandi Vs State of Odisha — 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.4036 of 2023

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Kafua @ Chittaranjan …. Petitioner Kandi

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Mr. R. Mohanty, Advocate

-versus-

Order No.

State of Odisha

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…. Opp. Party

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Mr. P.B. Tripathy Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO ORDER 14.07.2023 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.04 of 2017 arising out of Balikuda P.S. Case No.119 of 2016 pending in the Court of learned Additional Sessions Judge, Jagatsinghpur for offence punishable under section 302 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Jagatsinghpur, which was rejected on 22.03.2023.

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Learned counsel for the petitioner submitted that

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the petitioner is in judicial custody since 04.07.2016 and when he approached this Court last time for bail in BLAPL No.3751 of 2020, as per order dated 02.02.2021, while rejecting the bail application, direction was issued to the learned trial Court to expedite the trial and conclude the same within a period of three months from the date of receipt of a copy of the order. Learned counsel further submitted that out of nineteen charge sheet witnesses, fourteen witnesses have been examined and in view of noncompliance of the order of this Court as well as the period of detention of the petitioner, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State opposed the prayer for bail and placed the evidence of P.W.1, who is the informant in the case and also an eye witness, and also the post mortem report. Learned counsel for the State, however, submitted that the deposition supplied by the learned counsel for the petitioner indicates that P.W.14 examined on 30.11.2022 and he is not aware about the further development of the case, if any, in the trial Court. Learned counsel further submitted that the case diary does not indicate that the petitioner is having criminal antecedent.

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Considering the submissions made by the learned counsel for the respective parties, the period

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of detention of the petitioner in judicial custody for more than seven years by now and taking into account the progress of the trial so far, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

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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 subject to condition that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial.

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Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 17-Jul-2023 17:40:25

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Kafua @ Chittaranjan Kandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kafua @ Chittaranjan Kandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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