In this bail application, the High Court of Orissa allowed release on bail after considering that a key prosecution witness had switched from the prosecution case, altering circumstances since the initial rejection.
Released on bail on furnishing a bond of Rs. 50,000 each with two local solvent sureties each for the like 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.4654 of 2023
Haraka Dandu & another
…. Petitioners
Mr.A.K. Parida, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. P.B. Tripathy Addl. Standing Counsel
Order No.
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 petitioners and
learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.30 of 2021 arising out of Bandhugaon P.S. Case No.12 of 2020 pending in the Court of learned Additional Sessions Judge, Koraput for offences punishable under sections 147/ 148/302/201/149 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned Additional Sessions Judge, Koraput, which was rejected on 21.02.2023.
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Learned counsel for the petitioners submitted that when the petitioners approached this Court for bail in BLAPL No.4006 of 2020, as per order dated 09.02.2021, the bail application was rejected taking into eye witness account of Lasu Uluka and the petitioners were given liberty to renew the prayer for bail after examination of the eye witness and in the meantime, the said witness being examined in the trial Court has not supported the prosecution case and the petitioners are in judicial custody since 04.02.2020 and therefore, in view of the change in the circumstances, the bail application of the petitioners may be favourably reconsidered. Learned counsel for the petitioners has annexed the deposition copies of the witnesses including that of Lasu Uluka.
Learned counsel for the State has not disputed that the star witness on behalf of the prosecution is Lasu Uluka (P.W.1) has not supported the prosecution case.
Considering the submissions made by the learned counsel for the respective parties, the change in the circumstances after rejection of the earlier bail application, since the eye witness has not supported the prosecution case and taking into account the period of detention of the petitioners in judicial custody, I am inclined to reconsider the prayer for bail
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and direct the petitioners to be released on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each 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 petitioners shall appear before the learned trial Court on each date when the case would be posted for trial and shall not try to tamper with the evidence.
Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge
PKSahoo
Signature Not Verified
Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 17-Jul-2023 16:19:40
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2 issues framed by the court
Whether bail should be granted to petitioners given the changed circumstances and withdrawal of prosecution witness support.
Whether the period of detention in judicial custody warrants reconsideration of the earlier bail rejection.
2 provisions across 2 enactments
Haraka Dandu
another
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
