Rama Chandra Hantal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6996 of 2021

1. Rama Chandra Hantal 2.Laxman Hantal 3.Laku Hantal ....

Petitioners -versusState of Odisha ....

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

23.09.2022 01.

1. This matter is taken up through Hybrid mode. Order No.

2. Heard learned counsel for the Petitioners and the learned counsel for the State.

3. The Petitioners being in custody in C.T Case No.8 of 2019, arising out of Nandapur P.S. Case No.82 of 2018 pending in the court of Addl. Sessions Judge, Koraput has filed this petition for their release on bail on the ground of delay in disposal of the case.

4. It appears that in the meanwhile four years have elapsed and the trial has not yet started. The Petitioners have been indicted in a case under Section 302/34 IPC.

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5. Learned counsel for the Petitioners submits that in the earlier occasion, the Petitioners were released on interim bail for a period of two months and they have not violated the conditions imposed.

6. Considering the aforesaid facts and the submissions made, though this Court is not inclined to release the Petitioners on bail, but taking note of the fact that the Petitioners are in custody for more than four years and also there being least chance of their absconding, if released on bail, this Court disposes of the bail application with the order that the Petitioners be released on interim bail for a period of 90 days from the date of their release in the aforesaid case on such terms and conditions as the trial court may deem it just and proper. Needless to say that the Petitioners must surrender to custody within 91 days of their release. If the Petitioners do not surrender within 91 days of their release, coercive steps shall be taken against the Petitioners for secure their attendance.

7. Urgent certified copy of this order be granted in course of the day.

(S. Pujahari) Judge PKS