Sujit Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 589 of 2022 Sujit Kumar Mohapatra ....

Petitioner Mr.B.R. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.05.2022 02.

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

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

This is an application under section 439 of Cr.P.C. in connection with Adava P.S. Case No. 01 of 2020 corresponding to S.T. Case No. 15 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Paralakhemundi, Gajapati for offences punishable under sections 302, 201, 120-B/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Addl.

Sessions Judge, Paralakhemundi, Gajapati which was rejected on 23.12.2021.

// 2 // Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 27.01.2020 and his earlier bail application in BLAPL No.3018 of 2020 was rejected as per order dated 15.12.2020 and direction was given to the learned trial Court to expedite the trial and at the first instance, take steps for examination of the material witnesses and the petitioner was given liberty to renew his prayer for bail after examination of the material witnesses in the learned trial Court. Learned counsel further submitted that till date charge has not yet been framed and in view of delayed disposal of the trial, the prayer for bail of the petitioner may be favourably reconsidered.

Learned counsel for the State opposed the prayer for bail.

Status report was called for as per order dated 29.04.2022 and the learned trial Court has furnished the same vide letter dated 05.05.2022 from which it appears that charge has not been framed.

Considering the submissions made by the learned counsel for the respective parties, the slow progress of trial, at this stage, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

// 3 // 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 that while on interim bail, the petitioner shall appear before the Inspector incharge of Adava police station once in a week on every Monday in between 10.00 a.m. to 4.00 p.m., shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial. The Inspector in-charge of Adava police station shall keep a close vigil over the activities of the petitioner during the interim bail period.

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

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo