Tapan Jena Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Tapan Jena Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Dhenkanal Town P.S. Case No. 360 of 2018 / C.T. (SS) Case No.112 of 2019 on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions including non-indulgence in criminal activities, appearance before the trial Court and non-tampering with prosecution witnesses; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the petitioner, in judicial custody since 20.12.2018 with the trial stalled (18 of 25 witnesses examined, Court non-functional after transfer of the Presiding Officer), should be released on bail under Section 439 Cr.P.C. in C.T. (SS) Case No.112 of 2019.

Ratio / Principle

Considering the period of detention in judicial custody, progress of trial, that the petitioner is a local man and that nothing was pointed out regarding his criminal antecedent, the Court was inclined to reconsider the bail prayer and directed release of the petitioner on bail.

Key takeaways

Release ordered on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin, subject to terms and conditions deemed just and proper, including that the petitioner shall not indulge in criminal activities, shall appear before the trial Court when posted for trial and shall not tamper with prosecution witnesses; violation of any condition shall entail cancellation of bail.ratio¶24

Detailed headnote1 paragraphs

Bail under Section 439 Cr.P.C. granted by the High Court of Orissa in BLAPL No.10967 of 2023 (Tapan Jena v. State of Odisha), the accused's third successive bail application in Dhenkanal Town P.S. Case No. 360 of 2018 / C.T. (SS) Case No.112 of 2019 pending before the learned Addl. Sessions Judge, Dhenkanal for alleged offences under sections 294/302/304-B IPC. Petitioner in judicial custody since 20.12.2018 (counsel: five years two months; custody certificate dated 07.12.2023: 4 years 11 months 16 days); 18 of 25 charge sheet witnesses examined; trial not progressing as the Presiding Officer stood transferred on promotion. Considering the period of detention, progress of trial, that the petitioner is a local man and absence of any pointed-out criminal antecedent, the Court directed release on bail on furnishing a bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions (no criminal activity, appearance at trial, no tampering with prosecution witnesses); violation entails cancellation of bail. BLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10967 of 2023

Tapan Jena

…. Petitioner

Mr. B. Panda, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. Arupananda Das Addl. Govt. Advocate

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER 23.02.2024

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

Heard Mr. B. Panda, learned counsel for the petitioner appearing through virtual High Court, Dhenkanal and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Dhenkanal Town P.S. Case No. 360 of 2018 corresponding to C.T. (SS) Case No.112 of 2019 pending in the file of learned Addl. Sessions Judge, Dhenkanal for alleged commission of offences under sections 294/302/304-B of the I.P.C.

This is the 3^rd successive bail application of the petitioner.

Learned counsel for the petitioner submits that the petitioner is judicial custody since 20.12.2018 and as such he has remained in custody for a period of five years and

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two months and in the learned trial Court out of 25 charge sheet witnesses, 18 witnesses have been examined and since the Court is not functioning as the Presiding Officer has been transferred on promotion, the trial is not progressing.

Learned counsel for the State has produced the custody certificate in respect of the petitioner issued by the Superintendent, District Jail, Dhenkanal which is dated 07.12.2023 and indicates the detention of period to be 4 years 11 months 16 days. The same is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, progress of the trial so far mentioned in the status report and since the petitioner is a local man and nothing has been pointed out by the learned counsel for the State regarding his criminal antecedent, I am inclined to reconsider the prayer for bail and accordingly, the petitioner is directed to be released on bail.

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 learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation

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of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

M.K.Rout/Amit

Signature Not Verified

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 26-Feb-2024 10:59:07

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