Bhaskar Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Bhaskar Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release on bail in S.T. Case No.32 of 2018 on terms to be fixed by the court in seisin, subject to further conditions of personal appearance on each date of posting till conclusion of trial and non-departure from that court's jurisdiction; urgent certified copy ordered as per rules.

Issue for consideration

Whether the petitioner, in custody in connection with S.T. Case No.32 of 2018 for offences punishable under sections 294/506/307/341/323/34 IPC, should be released on bail under section 439, Cr.P.C.

Court's answer

Considering the submissions, materials on record, surrounding circumstances including the period of detention, the Court being inclined to reconsider the bail prayer, the petitioner is directed to be released on bail in the aforesaid case (S.T. Case No.32 of 2018) with such terms and conditions as deemed just and proper by the court in seisin of the case.

Ratio / Principle

Condition of bail: the petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial.

Key takeaways

Conditions of bail: the petitioner will not leave the jurisdiction of the Court in seisin of the case, and violation of any of the condition(s) shall entail cancellation of the bail.ratio¶19

Detailed headnote1 paragraphs

Bail – Successive application under section 439, Cr.P.C. by accused in custody – Petitioner faces trial in S.T. Case No.32 of 2018 arising out of Badagada P.S. Case No.211 of 2017, corresponding to G.R Case No.296 of 2017, pending before the learned JMFC, Soroda, for offences punishable under sections 294/506/307/341/323/34 IPC – Considering submissions, materials on record, surrounding circumstances including period of detention, Court inclined to reconsider the prayer for bail – Petitioner Bhaskar Behera directed to 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 he (i) appear in person before that court on each date of posting till conclusion of trial, and (ii) not leave that court's jurisdiction – Violation of any condition(s) to entail cancellation of bail – BLAPL disposed of; urgent certified copy issued as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8495 of 2022

Bhaskar Behera

…. Petitioner Mr. S. K. Mahanty, Advocate

-versus-

…. State of Odisha Opposite Party Mr. G. N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

Order No.

17.01.2024

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

This is the successive journey of this petitioner, who is in custody in connection with S. T. Case No.32 of 2018, arising out of Badagada P.S. Case No.211 of 2017, corresponding to G.R Case No.296 of 2017 pending in the Court of the learned JMFC, Soroda for offence punishable under section 294/506/307/341/323/34 of the Indian Penal Code, in filing this application under section 439, Cr.P.C. for his release on bail.

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

Considering the submissions made and on going through the materials on record further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that:-

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a) petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial; and

b) will not leave the jurisdiction of the Court in seisin of the case. Violation of any of the condition(s) shall entail cancellation of the bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

Gitanjali

(D. Dash)
Judge

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 22-Jan-2024 17:24:46

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