Partly allowed

Jani @ Sudhanshu Kumar Das v. State of Odisha

Orissa HC13 Feb 2023BLAPL/5883/2022

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C. for crimes under the IPC and Arms Act, the High Court initially rejected bail due to the nature of the murder charges but subsequently granted interim bail for three months considering long detention and the petitioner's mother's illness.

What did the court decide?

Release on interim bail for three months; surrender required by 17th May, 2023; trial to be completed expeditiously.

Jani @ Sudhanshu Kumar Das Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5883 of 2022

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Jani@Sudhanshu Kumar Das

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…. Petitioner Mr. K. Pattanaik, Advocate

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-versus-

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State of Orissa

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…. Opposite Party Mr. K. Das, A.S.C. Mr. R.K. Rout, Advocate for the informant

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

13.02.2023

Order No.

Heard Mr. K. Pattanaik, learned counsel for the Petitioner, Mr. K. Das, learned A.S.C. for the State-Opposite Party and Mr. R.K. Rout, learned counsel for the informant.

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This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.302/120-B/34, I.P.C. and Secs.25/27 of the Arms Act.

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It is submitted on behalf of the Petitioner that he is inside custody since 12.9.2014 and in the meantime only five (5) witnesses have been examined in course of trial. It is further submitted that the Petitioner is not the main accused, who allegedly shot fire to the deceased.

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Upon hearing all the parties and keeping in view the nature of allegations and the manner in which the murder was committed, I am not inclined to release the Petitioner on bail. The prayer for bail is rejected.

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Page 1 of 3

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At this stage, Mr. Pattanaik, learned counsel submits that the Petitioner may be released for some interim period keeping in view his long detention inside custody and illness of his mother.

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Mr. K. Das, learned A.S.C. for the State-Opposite Party submits that so far regarding of illness of mother of the Petitioner is concerned, as per the instruction of the IIC, Lalbag P.S., she has not that serious unable to move. Moreover, other members of the family are there to look-after the mother of the Petitioner.

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However, considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release in connection with Lalbag P.S. Case No.108/2013 corresponding to S.T. Case No.293/2014 on such terms and conditions to be fixed by learned 1^st Addl. Sessions Judge, Cuttack as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall appear before the I.I.C., Lalbag P.S. as and when directed.

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It is made clear that the Petitioner shall surrender in the trial court on or before 17^th May, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

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Page 2 of 3

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Learned trial court is further directed to complete the trial as expeditiously as possible and the prosecution is directed to cooperate in the same.

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The BLAPL is disposed of.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Page 3 of 3

Jani @ Sudhanshu Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jani @ Sudhanshu Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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