Amulya Jena v. State of Odisha
Case brief
What is this about?
Keywords: bail application; Section 439 CrPC; principle of parity; co-accused acquitted; pre-trial detention; murder; Sections 302/147/148/307/149/120-B IPC; Section 229-A IPC; Pipili P.S. Case No. 261 of 2015; G.R. Case No. 380 of 2015; C.T Case No.109 of 2014; BLAPL No. 2120 of 2024; B.A. No. 2210 of 2024; Orissa High Court; Justice G. Satapathy; bail conditions; cancellation of bail. Summary: Single-judge oral order of the High Court of Orissa at Cuttack dated 03.12.2024 granting regular bail to a murder-case accused who had been in custody since 24.04.2024, relying on parity with acquitted principal accused and co-accused already released on bail; bail bond of Rs.50,000/- with two sureties, standard conduct conditions, and reservation of power in the trial court to cancel bail on violation.
What did the court decide?
Regular bail granted to the petitioner under S.439 CrPC on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the court in seisin, subject to five conditions (no fresh offence; no threat/inducement to informant, family or witnesses; no tampering with prosecution evidence; attendance at trial on each posting date, failing which S.229-A IPC action may follow; no leaving the trial court's territorial jurisdiction without prior permission); the court in seisin is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out.