Subash Parida Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Subash Parida Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount, subject to further conditions including appearance before the trial Court on each trial date; violation to entail cancellation of bail.

Issue for consideration

Whether the petitioner, charged under sections 147/148/302/120-B/149 IPC read with sections 25(1-B)(a)/27 Arms Act in S.T. Case No.121 of 2020 and in judicial custody since 19.12.2022 after his earlier bail application was rejected on 11.12.2023, should be released on bail under section 439 Cr.P.C., in view of the progress of the trial and the release of a similarly situated co-accused.

Court's answer

Considering the submissions of both sides, the nature of accusation, the evidence adduced so far in the trial Court, the slow progress of the trial and the release of the co-accused on bail, the petitioner was found deserving of release on bail.

Ratio / Principle

Release on bail conditioned on furnishing a bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, satisfaction of the Court in seisin, and appearance before the trial Court on each date the case is posted for trial; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Criminal Law - Bail - Section 439 Cr.P.C. - BLAPL No.125 of 2024 (decided 12.04.2024, Justice S.K. Sahoo, High Court of Orissa at Cuttack). Petitioner Subash Parida, in judicial custody since 19.12.2022 and charge sheeted under sections 147/148/302/120-B/149 IPC read with sections 25(1-B)(a)/27 Arms Act in Kodala P.S. Case No.269 of 2018 / S.T. Case No.121 of 2020 (Additional Sessions Judge, Kodala), whose earlier bail application was rejected on 11.12.2023, sought bail. Occurrence dated 18.11.2018; trial commenced and fourteen of thirty-four charge sheet witnesses examined, including the informant (P.W.8, supportive per State counsel) and the eye-witness (P.W.5, unsupportive per State counsel); petitioner reported to have one criminal antecedent; similarly situated co-accused Kartik Pandi @ Manga released on bail in BLAPL No.12659 of 2023 (order dated 05.04.2024). Considering the nature of accusation, evidence so far adduced, slow progress of trial and release of co-accused, the Court ordered release on bail on a bond of Rs.50,000 with two local solvent sureties for the like amount and appearance on every trial date; violation entails cancellation. BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.125 of 2024

Subash Parida

…. Petitioner

Mr. S.K. Pattnaik, Advocate

-versus-

State of Odisha

…. Opp. Party

Smt. Sushamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

12.04.2024

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

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

This is an application under section 439 of Cr.P.C. in connection with Kodala P.S. Case No.269 of 2018 corresponding to S.T. Case No.121 of 2020 pending in the Court of learned Additional Sessions Judge, Kodala for offences punishable under sections 147/148/302/120-B/149 of the Indian Penal Code read with sections 25(1-B)(a)/27 of Arms Act.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge,

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Kodala, which was rejected on 11.12.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.12.2022 and he has been charge sheeted under sections 147/148/302/120-B/149 of the Indian Penal Code read with sections 25(1-B)(a)/27 of Arms Act. He further submitted that the occurrence took place on 18.11.2018 and in the meantime, trial has commenced and out of thirty four charge sheet witnesses, fourteen witnesses have already been examined including the informant and the eye-witness and similarly situated co-accused, namely, Kartik Pandi @ Manga has been directed to be released on bail in BLAPL No.12659 of 2023 as per order dated 05.04.2024 and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that one of eye-witnesses, i.e., P.W.5 has not supported the prosecution case but P.W.8, the informant has supported the prosecution case. Learned counsel further submitted that the petitioner has got one criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of

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evidence adduced so far in the trial Court, the slow progress of the trial and release of co-accused on bail, 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 (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 condition that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

RKM

Signature Not Verified

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 15-Apr-2024 16:46:08

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