Durgesh Patel Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Durgesh Patel Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail application allowed and disposed of finally: petitioner permitted to go on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin, subject to conditions that he (i) shall not involve in similar nature of crime in future, (ii) shall not terrorize, coerce, influence or threat any prosecution witnesses including the informant and his family members directly or indirectly, and (iii) shall appear personally before the Trial Court on each date of adjournment; certified copy of the order to be granted on proper application.

Issue for consideration

Whether the petitioner, charged under Sections 363 & 306 IPC and in jail custody for more than 9 months with the Section 306 offence carrying punishment up to 10 years and no likelihood of early completion of trial, should be granted bail under Section 439 Cr.P.C., 1973.

Court's answer

Taking into account the petitioner's custody of more than 9 months, the maximum punishment of 10 years for the Section 306 offence, and the absence of any possibility of completion of trial in the near future, the Court found no justification to disallow the petitioner's prayer for bail.

Ratio / Principle

In the event of the petitioner's failure to comply with the bail conditions, the court in seisin over the matter is authorised to cancel his bail order out-rightly without seeking any permission from this Court.

Detailed headnote1 paragraphs

Bail — Section 439 Cr.P.C., 1973 — prolonged custody as ground for bail. Durgesh Patel, charged under Sections 363 & 306 IPC, 1860 (kidnapping and abetment of commission of suicide — deceased allegedly committed suicide in her house when the petitioner refused to marry her), arising out of Komna P.S Case No. 245 of 2022 / C.T Case No.245 of 2022 (G.N.A-cum-J.M.F.C, Komna) and facing trial in S.T. Case No.22 of 2024 before the District & Sessions Judge, Nuapada, had been in jail custody for more than 9 months; punishment for the Section 306 offence is up to 10 years and completion of trial was not possible in the near future. High Court of Orissa at Cuttack (Justice Ananda Chandra Behera), order dated 26.11.2024 in BLAPL No.1748 of 2024: finding no justification to disallow the bail prayer, allowed the application and released the petitioner on bail on a bond of Rs.50,000/- with two solvent sureties of like amount, imposing conditions of non-repetition of similar crime, non-intimidation of witnesses (including the informant and family), and personal appearance before the Trial Court on every adjournment; on any breach, the trial court may cancel the bail outright without permission from this Court. Application disposed of finally; certified copy on proper application.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1748 of 2024

Durgesh Patel

..... Petitioner

Represented By Adv. - Durgadatta Mohapatra

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. –

B.K. Sahu, AGA

CORAM:

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

26.11.2024

Order No.

1. This matter is taken up through hybrid mode.

The bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Komna P.S Case No. 245 of 2022 corresponding to C.T Case No.245 of 2022 pending in the Court of learned G.N.A-cum-J.M.F.C, Komna is taken up into consideration.

I have already heard from the learned counsel for the petitioner and learned Addl. Govt. Advocate for the State.

The petitioner is facing trial in the Court of learned District & Sessions Judge, Nuapada in S.T. Case No.22 of 2024 having been charged under Sections 363 & 306 of the IPC, 1860 on the allegation

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of kidnapping as well as abetment of commission of suicide of the deceased, because the deceased committed suicide in her house when the petitioner refused to marry her.

When the petitioner is in jail custody for more than 9 months and when the provided punishment for the offence under Section 306 of the IPC, 1860 is up to 10 years and when there is no possibility of completion of trial in a near future, then at this juncture, by taking the above factors into account, I find no justification to disallow the prayer for bail of the petitioner.

Therefore, the bail application filed by the petitioner is allowed.

He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :-

(i) he (petitioner) shall not involve with similar nature of crime in future;

(ii) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;

(iii) he shall appear before the Trial Court personally in each date of adjournment of the Page 2 of 3.

case without fail; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

Accordingly, the bail application filed by the petitioner is disposed of finally.

Grant certified copy of this order to the petitioner on proper application.

( ANANDA CHANDRA BEHERA) Judge

Utkalika

Signature Not Verified

Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cutt ack , India Date: 26-Nov-2024 20:19:13

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