Allowed

Ramesh Bagh @ Harijan v. State of Odisha

Orissa HC11 May 2023BLAPL/5001/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning an offence under sections 302/201 IPC, the High Court of Orissa reconsidered a previously rejected prayer. Relying on the hostile testimony of the prosecution eye witness and the duration of detention, the court ordered the petitioner's release on bail with conditions.

What did the court decide?

The petitioner was directed to be released on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties for the like amount.

Ramesh Bagh @ Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5001 of 2022

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Ramesh Bagh @ Harijan …. Petitioner

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Mr.Arijeet Mishra, Advocate

-versus-

Order No.

State of Odisha

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Opp. Party

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Mr.Arupananda Das
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
11.05.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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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 Jeypore Sadar P.S. Case No.03 of 2020 corresponding to T.R. Case No.15 of 2021 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jeypore, Koraput for offence punishable under section 302/201 of the Indian Penal Code.

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The petitioner moved an application for bail

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// 2 //

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before the Court of Addl. Sessions Judge -cumSpecial Judge, Jeypore, Koraput, which was rejected on 17.05.2022.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.01.2020 and he has been charge sheeted under sections 302/201 of the Indian Penal Code. Learned counsel further submitted that when the petitioner earlier approached this Court for bail in BLAPL No.2826 of 2021, vide order dated 06.09.2021, his bail application was rejected mainly relying on the statement of the eye witness, namely, Purna Majhi, who is the informant in the case and liberty was granted to the petitioner to renew his prayer for bail after examination of the eye witness. Learned counsel further submitted that in the meantime, trial has commenced and the eye witness Purna Majhi (P.W.2) has been examined and he has not supported the prosecution case and in view of the change in the circumstances and delayed disposal, the bail application may be favourably reconsidered.

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Learned counsel for the State after going through the evidence of the witnesses fairly submitted that the eye witness Purna Majhi (P.W.2) has turned hostile.

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Considering the submissions made by the

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learned counsel for the respective parties, the evidence adduced so far in the learned trial Court, since the eye witness Purna Majhi (P.W.2) has not supported the prosecution case and further taking into account the period of detention of the petitioner in judicial custody and change in the circumstances, 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 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.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

Sipun

SIPUN Digitally signed by SIPUN BEHERA BEHER Date: 2023.05.12 A 16:16:35 +05'30'

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Ramesh Bagh @ Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ramesh Bagh @ Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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