This order grants bail to the petitioner in a murder trial pending before the Addl. Sessions Judge, Jagasinghpur. The court was inclined to release him due to prolonged detention and delayed disposal of the trial.
The petitioner is released on bail upon furnishing a bond of Rs. 50,000 with two local sureties and complying with standard bail 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.11238 of 2024
Prakash Khatua
…. Petitioner
Mr. Biswabhusan Das, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. Sarat Pradhan Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
29.11.2024
Mr. Achyutananda Pattanaik, learned counsel files Vakalatnama on behalf of the informant, which is taken on record.
Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.
This is an application under section 483 of B.N.S.S. in connection with Balikuda P.S. Case No.6 of 2018 corresponding to C.T. Case No.256 of 2018 pending in the Court of learned Addl. Sessions Judge, Jagasinghpur for offence punishable under section 302/34 of the I.P.C.
Page 1 of 3
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Jagasinghpur, which was rejected on 23.10.2024.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 18.01.2018 and similarly situated co-accused, namely, Gajendra Khatua has been directed to be released on bail in BLAPL No.11298 of 2019 as per order dated 08.10.2021 and till today, the prosecution case is not closed and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that the petitioner is the main accused and it is on account of fatal blow given by the petitioner that the deceased died and there are eye witnesses to the occurrence.
Considering the submissions made by the learned counsel for the respective parties, the nature of overt act attributed against the petitioner and taking into account the period of detention of the petitioner in judicial custody and the delayed disposal of the trial, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00
Page 2 of 3
(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.
Violation 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
Sipun
Signature Not Verified
Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 30-Nov-2024 15:43:45
Page 3 of 3
2 issues framed by the court
Whether the petitioner accused in a murder case should be granted bail after prolonged judicial custody.
Whether the factors of the main accused role, nature of the act, and delayed trial warrant releasing the petitioner on bail.
2 provisions across 2 enactments
Prakash Khatua
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
