Allowed¶23

Pabitra Padhan v. State of Odisha

Orissa HC9 Feb 2024BLAPL/7514/2023

Case brief

AI extract

What is this about?

Orissa High Court at Cuttack; BLAPL No.7514 of 2023; Pabitra Padhan v. State of Odisha; Justice S.K. Sahoo; order dated 09.02.2024; bail application under Section 439 Cr.P.C.; offences under Sections 458/302/34 IPC; S.T. Case No.28 of 2019; Birmaharajpur P.S. Case No.150 of 2016; Sessions Judge Boudh; judicial custody since 01.01.2017; delayed trial with five of seventeen witnesses examined; bail bond Rs.50,000 with two local solvent sureties; bail granted; earlier bail rejected 22.04.2023.

What did the court decide?

Release of the petitioner on bail in S.T. Case No.28 of 2019 on a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions including appearance before the learned trial Court on each trial date. ¶23

Pabitra Padhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in judicial custody since 01.01.2017 and charge sheeted under sections 458/302/34 IPC in S.T. Case No.28 of 2019, should be released on bail in view of the delayed disposal of the trial (only five of seventeen charge sheet witnesses examined) and his being a local man.

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Court's answer

Considering the petitioner's judicial custody since 01.01.2017, his charge sheeting under sections 458/302/34 IPC, the examination of only five of seventeen charge sheet witnesses, the delayed disposal of the trial, and that the petitioner is a local man, the Court was inclined to release him on bail.

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Ratio / Principle

The petitioner was directed to be released on bail in S.T. Case No.28 of 2019 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to further conditions including appearance before the learned trial Court on each date fixed for trial; violation of any condition shall entail cancellation of bail.

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Detailed headnote1 paragraphs

Criminal bail – Section 439 Cr.P.C. – Petitioner charge sheeted under Sections 458/302/34 IPC in S.T. Case No.28 of 2019, arising out of Birmaharajpur P.S. Case No.150 of 2016, pending before the learned Sessions Judge, Boudh; in judicial custody continuously since 01.01.2017; earlier bail prayer rejected by the Sessions Judge on 22.04.2023; status report showed only five of seventeen charge sheet witnesses examined and the trial's disposal delayed; petitioner a local man – Bail granted on a bond of Rs.50,000/- with two local solvent sureties each for the like amount, conditioned on the petitioner appearing before the trial Court on each date fixed for trial; violation of conditions to entail cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7514 of 2023

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Pabitra Padhan

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…. Petitioner

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Mr. Niranjan Panda, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Sonak Mishra Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 09.02.2024

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

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

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.28 of 2019 arising out of Birmaharajpur P.S. Case No.150 of 2016 pending in the Court of learned Sessions Judge, Boudh for offences punishable under sections 458/302/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Boudh vide order dated 22.04.2023.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 01.01.2017 and he has been charge sheeted

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// 2 //

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under sections 458/302/34 of the Indian Penal Code and after going through the status report of the case submitted by the learned trial Court from which it reveals that out of seventeen charge sheet witnesses, five witnesses have been examined so far and in view of the delayed disposal of the trial and since the petitioner is a local man and on hearing the learning counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further 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.

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Violation of any of the conditions shall entail cancellation of bail.

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Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

RKM

Signature Not Verified