This is a bail application under section 439 Cr.P.C. in a murder case. The High Court, considering the petitioner's earlier release and judicial custody period, held it fit to grant bail with conditions.
Petitioner granted bail on furnishing bond of Rs.50,000 with two local solvent sureties subject to terms and conditions.
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.798 of 2023
Dhuble Deep
Petitioner
Mr.S. Dwibedi, Advocate
-versus-
State of Odisha
Opp. Party
Mr. Rajesh Tripathy Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 13.04.2023
This is an application under section 439 Cr.P.C. in connection with Larambha P.S. Case No.82 of 2018 corresponding to Sessions Case No.07 of 2019 pending in the file of learned Addl. Sessions Judge, Patnagarh for alleged commission of offence under section 302/34 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Patnagarh vide order dated 25.02.2021.
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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 18.10.2018 and he was released on bail by the learned trial Court vide order dated 25.02.2021 and on account of non-taking of steps, non-bailable warrant of arrest was issued against him on 27.07.2022 and he was taken into judicial custody on 11.11.2022 and the petitioner was arrested by virtue of such non-bailable warrant of arrest and produced in Court on 07.01.2023 and since then he is in custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the
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learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
PKSahoo
( S.K. Sahoo)
Judge
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2 issues framed by the court
Whether bail should be granted to the petitioner given he was earlier on bail and later re-arrested.
Fit case for grant of bail to the petitioner in the said offence.
2 provisions across 2 enactments
Dhuble Deep
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
