Allowed

Bamura@ Bambura Sukamajhi v. State of Odisha

Orissa HC22 Jan 2024BLAPL/761/2023

Case brief

AI extract

What is this about?

Petitioner, an undertrial prisoner facing charges under sections 450/302/506 IPC filed for bail. Considering the duration of custody, pending trial and submissions in his favour, the court granted bail on personal appearance and a term not to engage in criminal activities.

What did the court decide?

Petitioner released on bail on conditions of personal appearance before the court on each date and not indulging in any criminal activity.

Bamura@ Bambura Sukamajhi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.761 OF 2023

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Bamura @ Bambura Sukamajhi …. Petitioner

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Mr. Mahes Das, Advocate

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-versus-

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State of Odisha …. Opposite Party Mr.P.K. Mohanty, Advocate

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CORAM:

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MR. JUSTICE D. DASH

ORDER

Order No.

22.01.2024

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

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The Petitioner being in custody in connection with Tumudibandha P.S. Case No.27 of 2021 corresponding to S.T. Case No.107 of 2021 on the file of learned Additional District & Sessions Judge, Balliguda running for commission of offence under section 450/302/506 of the IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail in the above mentioned case.

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Learned Counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 24.04.2021 and the trial is yet to conclude. He therefore, submits that for the detention of the Petitioner in custody, the suffering is not only to him but also the other family members who are dependents upon him. He further submits that the Petitioner being a permanent resident of the District of Kandhamal, there remains no scope on his part to flee from justice and the question of tampering the evidence in the facts

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and circumstances does not arise. In view of all these above, he urges for reconsideration of the prayer for grant of bail to the Petitioner.

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Learned Counsel for the State opposes the move in view of the evidence available against the Petitioner. He however does not dispute the position that the Petitioner is in custody since 24.04.2021.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the surrounding circumstances including the period of detention of the Petitioner in custody; when the trial is still going on at a snail’s pace; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

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Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case without fail; and

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1. will not indulge himself in any criminal activity.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Narayan Date: 30-Jan-2024 11:14:35

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(D. Dash), Judge.

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Bamura@ Bambura Sukamajhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bamura@ Bambura Sukamajhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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