In a bail application under section 439 Cr.P.C. regarding murder charges, the High Court of Orissa, noting the petitioner's extended detention despite a prior direction for expeditious trial, exercised its power to reconsider and grant bail.
Released on bail on furnishing bond of Rs. 50,000 with two local solvent sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4054 of 2023
Sonali Pal @ Sonali Sahoo
…. Petitioner
Mr. D.K. Sahoo, Advocate
-versus-
State of Odisha
Opp. Party
Mr. Rajesh Tripathy Addl. Standing Counsel
Order No.
CORAM: JUSTICE S.K. SAHOO ORDER 11.05.2023 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 S.T. Case No.198 of 2019 arising out of Markatnagar P.S. Case No.172 of 2018 pending in the Court of learned 1st Additional Sessions Judge, Cuttack for offence punishable under section 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Cuttack, which was rejected on 27.02.2023.
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Learned counsel for the petitioner submitted that the petitioner is a lady and she is in judicial custody since 05.11.2018 and she has been charge sheeted under section 302/34 of the Indian Penal Code and earlier the petitioner approached this Court for bail in BLAPL No.6652 of 2019 and vide order dated 22.01.2021, while rejecting the bail application, it was observed that the learned trial Court shall take expeditious steps for concluding the trial within a period of six months from the date of framing of charge after receipt of the case record from the Court of learned Magistrate. Learned counsel further submitted that out of thirty six charge sheet witnesses, only five witnesses have been examined so far and there is no direct evidence in the case and in view of the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably reconsidered.
Learned counsel for the State has not disputed that it is a case based on circumstantial evidence, however, he placed the evidence of P.W.2.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court, the period of detention of the petitioner in judicial custody, since the earlier order passed by this Court in BLAPL No.6652 of
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2019 has not been complied with and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to reconsider the prayer for bail and direct the petitioner to be released 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 subject to conditions that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial.
Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RKM
RABINDRA Digitally signed by RABINDRA KUMAR KUMAR MISHRA Date: 2023.05.12 MISHRA 17:19:59 +05'30'
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2 issues framed by the court
Whether the bail application of the petitioner charged with murder should be reconsidered given the delay in trial and prior direction.
Whether the petitioner should be released on bail subject to conditions.
3 provisions across 2 enactments
Sonali Pal @ Sonali Sahoo
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
