Disposed

Gobinda Nag @ Pritam Nag v. State of Odisha

Orissa HC9 Oct 2024BLAPL/9707/2024

Case brief

AI extract

What is this about?

Bail application by an under-trial in a murder case detained since December 2020, whose earlier interim bail lapsed after an accident prevented surrender. The High Court declined bail on merits but granted three months' interim bail with conditions to appear on all trial dates.

What did the court decide?

Three months' interim bail on furnishing Rs.50,000 bond with two local sureties, subject to appearing on all trial dates and surrendering thereafter.

Gobinda Nag @ Pritam Nag Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9707 of 2024

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Gobinda Nag @ Pritam …. Petitioner Nag

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Mr. S.K. Sahu, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. P.B. Tripathy, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

09.10.2024

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. for grant of bail to the petitioner in connection with Dhanupalli P.S. Case No.508 of 2020 corresponding to S.T. Case No.66/03 of 2021-22 pending in the Court of learned 1^st Addl. Sessions Judge, Sambalpur for alleged commission of offences under sections 147/148/307/302/149 of the Indian Penal Code.

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The petitioner moved an application for bail

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before the Court of learned 1^st Addl. Sessions Judge, Sambalpur, which was rejected on 16.07.2024.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 30.12.2020 and in the learned trial Court, out of thirty six charge sheet witnesses, six witnesses have been examined. Learned counsel further submitted that the petitioner was directed to be released on interim bail for a period of three months by this Court in BLAPL No.7511 of 2023 as per order dated 23.02.2024, but he could not surrender on the date fixed as he met with an accident and thereafter he voluntarily surrendered in the Court below after fifteen days and he has been taken into judicial custody. Learned counsel further submitted that non-compliance of the earlier order of interim bail was on account of accident and therefore, in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the progress of trial so far and the period of detention of the petitioner in judicial custody, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of

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three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

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For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing 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 terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

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Violation of any of the terms and conditions shall entail cancellation of interim bail.

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Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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sipun

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 09-Oct-2024 13:34:28

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Gobinda Nag @ Pritam Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gobinda Nag @ Pritam Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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