Pitambar Sahoo Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Pitambar Sahoo Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in G.R. Case No.1504 of 2020 on furnishing a bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, subject to conditions including appearance before the trial Court on each date of posting, non-tampering with prosecution evidence and abstention from criminal activities while on bail; urgent certified copy as per Rules.

Issue for consideration

Whether the petitioner, in judicial custody since 19.01.2021 and charge sheeted in G.R. Case No.1504 of 2020, should be released on bail on the ground of parity with co-accused already enlarged, the slow progress of the trial, and the offences being triable by Magistrate.

Court's answer

The Court was inclined to release the petitioner on bail considering the period of detention in judicial custody, the slow progress of the trial, the release of the co-accused persons on bail, and the fact that the offences are triable by Magistrate.

Ratio / Principle

The petitioner is to be released on bail in the said case on furnishing a 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.

Key takeaways

Bail conditions imposed: the petitioner shall appear before the learned trial Court on each date the case is posted for trial, shall not tamper with the prosecution evidence, and shall not indulge in criminal activities while on bail.ratio¶26
Violation of any of the bail conditions shall entail cancellation of bail.ratio¶27

Detailed headnote1 paragraphs

Bail application under Section 439 Cr.P.C. disposed of by the High Court of Orissa (S.K. Sahoo, J.) in BLAPL No.311 of 2024. The petitioner, in judicial custody since 19.01.2021 in Mangalabag P.S. Case No.297 of 2020 / G.R. Case No.1504 of 2020 for offences punishable under Sections 419/420/411/406/409/467/468/471/379/34/120-B IPC, whose earlier bail application had been rejected by the 2nd Additional Sessions Judge, Cuttack on 01.11.2023, was released on bail. Grounds: parity with four similarly situated co-accused (Saroj Kumar Prusty, Lalit Kumar Soni, Lala Amrut Sagar Ray, Debasis Hazra) already enlarged, slow progress of the trial, and the offences being triable by Magistrate; the State conceded similarity of situation. Bail bond of Rs.50,000 with two local solvent sureties each for the like amount; conditions of attendance on every trial date, non-tampering with evidence and no criminal activity while on bail; violation entails cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.311 of 2024

Pitambar Sahoo

…. Petitioner

Mr. B.P.B. Bahali, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. P.B. Tripathy 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 the 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 Mangalabag P.S. Case No.297 of 2020 corresponding to G.R. Case No.1504 of 2020 pending in the Court of learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Cuttack for offences punishable under sections 419/420/411/ 406/409/467/468/471/379/34/120-B of the Indian Penal Code.

The petitioner moved an application for bail

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before the Court of learned 2^nd Additional Sessions Judge, Cuttack, which was rejected on 01.11.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.01.2021 and he has been charge sheeted under sections 419/420/411/406/409/467/468/471/379/ 34/120-B of the Indian Penal Code and similarly situated co-accused persons, namely, Saroj Kumar Prusty, Lalit Kumar Soni, Lala Amrut Sagar Ray and Debasis Hazra have already been released on bail and on the ground of parity and equity, the bail application of the petitioner may be favourably considered.

Learned counsel for the State after verification of the case records fairly submitted that the petitioner is similarly situated like the co-accused persons, who have been enlarged on bail.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of petitioner in judicial custody, the slow progress of the trial, release of the co-accused persons on bail and the fact that the offences are triable by Magistrate, 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

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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, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail.

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 16:46:09

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