Rakesh Swain @ Nanda Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Rakesh Swain @ Nanda Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Appeal allowed to the extent of grant of bail: appellant Rakesh Swain @ Nanda to be released on bail in C.T. (Spl.) No.13 of 2021 (Kuakhia P.S. Case No.32 of 2021) on a personal bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions that he shall not indulge in criminal activities and shall appear on every trial date; violation to entail cancellation of bail; urgent certified copy ordered on proper application.

Issue for consideration

Whether the appellant's renewed prayer for bail in C.T. (Spl.) No.13 of 2021 should be favourably reconsidered in view of the change in circumstances since the earlier rejection of his bail appeal, namely his prolonged detention since 29.01.2021 and the stage/progress of the trial.

Court's answer

Taking into account the submissions of both sides, the nature of accusation against the appellant, the nature of evidence adduced so far during trial, the slow progress of the trial and the period of the appellant's detention in judicial custody, the Court was inclined to reconsider the prayer for bail and to direct the appellant's release on bail.

Ratio / Principle

The appellant was ordered to be released on bail in Kuakhia P.S. Case No.32 of 2021 / C.T. (Spl.) No.13 of 2021 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the seized Court, subject to such further conditions as that Court deems just and proper, and additionally that he shall not indulge in any criminal activities and shall appear before the trial Court on each date the case is posted for trial; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail — renewal of bail prayer after earlier rejection (CRLA No. 186 of 2023 rejected 11.04.2023) — Offences under ss.302/201/120-B IPC r/w s.3(1)(r)/3(2)(v), SC & ST (Prevention of Atrocities) Act, 1989; appeal u/s 14-A of said Act — Appellant in judicial custody since 29.01.2021 — Only 7 of 70 charge sheet witnesses examined, most not supporting prosecution; trial progressing slowly — Considering nature of accusation, evidence adduced so far, slow trial progress and long detention, bail granted on bond of Rs.50,000/- with two local solvent sureties of like amount, with conditions against criminal activity and mandatory appearance on each trial date; breach to entail cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.596 of 2024

Rakesh Swain @ Nanda

…. Appellant

Mr. B.P. Pradhan, Advocate

-versus-

State of Odisha …. Respondent

Mr.Priyabrata Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

08.10.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State submits that notice on the informant has been made sufficient.

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

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Kuakhia P.S Case No.32 of 2021 corresponding to C.T. (Spl.) No.13 of 2021 pending in the Court of learned Addl. Sessions Judge, Jajpur for commission of alleged offences under sections 302/201/120-B of the Indian Penal Code read with section 3(1)(r)/3(2)(v) of S.C &

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S.T (Prevention of Atrocities) Act, 1989.

The appellant moved an application for bail before the Court of learned Addl. Sessions Judge, Jajpur, which was rejected on 22.04.2024.

Learned counsel for the appellant submitted that the appellant is in judicial custody since 29.01.2021 and earlier when he approached this Court for bail in CRLA No. 186 of 2023, the same was rejected as per order dated 11.04.2023 and liberty was granted to the appellant to renew his prayer for bail after examination of the material witnesses in the learned trial Court. Learned counsel further submitted that the case is based on circumstantial evidence and out of seventy charge sheet witnesses, seven witnesses have been examined and most of them have not supported the prosecution case and in view of the change in the circumstances, the bail application may be favourably reconsidered.

Learned counsel for the State opposed the prayer for bail and placed the evidence of the material witnesses.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the appellant, nature of evidence adduced so far during trial, the slow progress of trial and further taking into account the period of detention

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of the appellant in judicial custody, I am inclined to reconsider the prayer for bail and direct release of the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a 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 conditions as the learned Court may deem just and proper with further 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.

Violation of any of the conditions shall entail cancellation of bail.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 09-Oct-2024 10:38:42

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