Deepak Sahu @ Natia @ Dipak Sahu Vs State of… — Murder and Culpable Homicide | Orissa HC (2024)

Deepak Sahu @ Natia @ Dipak Sahu Vs State of… — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in S.T. Case No.31 of 2022 with terms and conditions as deemed just and proper by the trial court, subject to additional conditions (personal appearance on each posting till conclusion of trial, weekly reporting at Baliapal Police Station every Monday 10.00 am to 2.00 pm, no leaving the trial court's jurisdiction, no criminal activity); violation to entail cancellation of bail; BLAPL disposed of with liberty for urgent certified copy as per rules.

Issue for consideration

Whether the petitioner, in custody in S.T. Case No.31 of 2022 for offences punishable under sections 302/201/34 IPC, should be released on bail under section 439 Cr.P.C.

Court's answer

Bail granted: the petitioner is to be released on bail in S.T. Case No.31 of 2022 on such terms and conditions as deemed just and proper by the court in seisin of the case, in addition to the specific conditions imposed by this Court.

Ratio / Principle

Bail conditions: the petitioner will appear in person before the trial court on each date of posting till conclusion of trial; will appear before the Inspector-in-Charge of Baliapal Police Station every Monday between 10.00 am and 2.00 pm; will not leave the jurisdiction of the trial court; and will not indulge himself in any criminal activity.

Key takeaways

Violation of any of the bail conditions shall entail cancellation of the bail.ratio¶22

Detailed headnote1 paragraphs

Bail — application under section 439, Cr.P.C. — successive application by accused in custody in S.T. Case No.31 of 2022 (arising out of Baliapal P.S. Case No.245 of 2020, C.T Case No.1216 of 2020) pending before the learned 3rd Additional Sessions Judge, Balasore, for offences punishable under sections 302/201/34 of I.P.C. — considering submissions, materials, grant of bail to co-accused persons and period of detention, High Court inclined to reconsider the prayer and directed release of petitioner on bail on terms deemed just and proper by the trial court, with further conditions: personal appearance before the trial court on each date of posting till conclusion of trial; appearance before the Inspector-in-Charge of Baliapal Police Station every Monday between 10.00 am and 2.00 pm; not to leave the jurisdiction of the trial court; not to indulge in any criminal activity — violation of any condition to entail cancellation of bail. (D. Dash, J.; order dated 17.01.2024.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11393 of 2023

Deepak Sahu @ Natia @ Dipak …. Petitioner Sahu Mr. S. Dwibedi, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. G. N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

Order No.

17.01.2024

This matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the successive journey of this petitioner, who is in custody in connection with S. T. Case No.31 of 2022, arising out of Baliapal P.S. Case No.245 of 2020 corresponding to C.T Case No.1216 of 2020 pending in the Court of the learned 3^rd Additional Sessions Judge, Balasore for offence punishable under sections 302/201/34 of I.P.C. in filing this application under section 439, Cr.P.C. for his release on bail.

Heard learned counsel for the Petitioner and learned counsel for the State.

Considering the submissions made and on going through the materials as placed as also the surrounding circumstances including the factum of grant of bail to the co-accused persons and the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that:-

// 2 //

a) Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case, till conclusion of the trial;

b) will appear before the Inspector-in-Charge of Baliapal Police Station every Monday in between 10.00 am to 2.00 pm;

c) will not leave the jurisdiction of the Court in seisin of the case; and

d) will not indulge himself in any criminal activity.

Violation of any of the condition(s) shall entail cancellation of the bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

(D. Dash)
Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 22-Jan-2024 17:24:46

Page 2 of 2