Bipin Digal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Bipin Digal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

No release on bail; instead, the Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal is directed to conclude S.T. Case No.7 of 2023 within two (2) months after procuring attendance of the I.O. and witnesses, failing which the petitioner may renew his prayer for bail; Registry to transmit the order to the trial court.

Issue for consideration

Whether the petitioner, charged under Sections 302, 201 and 379 of the IPC, 1860 and facing trial in S.T. Case No.7 of 2023 (arising out of Phiringia P.S. Case No.141 of 2022) before the Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal, should be granted bail under Section 439 Cr.P.C. while the trial is at its fag end.

Court's answer

Bail is declined at this stage: if at this fag end of the trial the petitioner were allowed to go on bail, there is every possibility of unnecessary protraction of the trial, because the possibility of his absconding after release cannot be ruled out.

Ratio / Principle

Instead of releasing the petitioner on bail near the close of trial, the court directs the learned trial court to conclude the trial within 2 months hence after procuring the attendance of the I.O. and witnesses, if any.

Key takeaways

The trial judge is to take his best endeavour to complete S.T. Case No.7 of 2023 within a period of two (2) months; failing which the petitioner is at liberty to renew his prayer for bail, if he so desires.ratio¶¶27

Detailed headnote1 paragraphs

BAIL UNDER S. 439 CR.P.C. — REFUSED NEAR COMPLETION OF TRIAL; TRIAL COURT DIRECTED TO CONCLUDE TRIAL IN TWO MONTHS. Petitioner Bipin Digal, facing trial in S.T. Case No.7 of 2023 (arising out of Phiringia P.S. Case No.141 of 2022) pending before the Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal and charged U/s 302, 201 & 379 of the IPC, 1860, sought bail when, per the trial court's status report, 17 witnesses had already been examined, the trial stood at its fag end, and only the I.O. and some other witnesses remained. Finding that grant of bail at this stage carried every possibility of unnecessary protraction of the trial and that the petitioner's absconding after release could not be ruled out, the court refused bail and instead directed the trial court to conclude the trial within two months after procuring the attendance of the I.O. and witnesses; failing completion within that period, the petitioner was accorded liberty to renew his prayer for bail. The bail application was rejected and disposed of finally. — ANANDA CHANDRA BEHERA, J.; order dated 10.12.2024.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7874 of 2024

Bipin Digal

.....

Petitioner

Represented By Adv. - Bansidhar Mahapatra

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr. P. Satapathy, ASC

CORAM:

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

10.12.2024

Order No.

1. This matter is taken up through hybrid mode.

This bail application under section 439 Cr.P.C, of the Petitioner arising out of S.T. Case No.7 of 2023 in connection with Phiringia P.S. Case No.141 of 2022 pending in the Court of learned Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal is taken up for consideration.

I have already heard from the learned Counsel for the Petitioner and the learned Additional Standing Counsel for the State. 4. The Petitioner is facing trial in the Court of learned Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal in S.T. Case No.7 of 2023 having been charged U/s-302.201 & 379 of the IPC, 1860.

It appears from the status report submitted by the learned Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal that, till yet 17 numbers of witnesses have already been

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examined and as such, the trial of the case against the petitioner is at its fag end. Only the I.O. and some other witnesses are to be examined.

If at this fag end of the trial, the petitioner will be allowed to go on bail, then, there is every possibility of protraction of the trial of the case unnecessarily, because, the possibility of absconding of the petitioner after his release on bail may not be ruled out.

Therefore, instead of allowing the petitioner to go on bail at the end of the trial of the case, it is felt proper to direct the learned trial court to conclude the trial of the case within 2 months hence after procuring the attendance of the I.O. and witness if any.

Therefore, prayer for bail of the Petitioner is refused.

Accordingly, the bail application of the Petitioner is rejected.

The learned Additional District & Sessions Judge-cum-Special

Judge, Phulbani, Kandhamal is directed to take his best endeavour for completion of the trial of the case vide S.T. Case No.7 of 2023 within a period of two (2) months hence, failing which, the Petitioner is at liberty to renew his prayer for bail, if he desires for the same.

Registry is directed to transmit the copy of this order to the learned Additional District & Sessions Judge-cum-Special Judge, Phulbani, Kandhamal in reference to S.T. Case No.7 of 2023.

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

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

Signature Not Verified

Digitally Signed Signed by: RATI RANJAN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack, Rati Ran Indi jan a. Date: 11-Dec-2024 18:06:43

( ANANDA CHANDRA BEHERA) Judge

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