Ashok Bhata v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11427 of 2021 Ashok Bhata Petitioner ....

Mr.Basudev Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.04.2022 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 S.T. Case No.34/102 of 2020 arising out of Chandpur P.S. Case No.37 of 2020 pending in the Court of learned Additional Sessions Judge, Nayagarh for offences punishable under sections 147, 148, 341, 323, 324, 325, 326, 307, 302, 395, 294, 506/149 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Nayagarh, which was rejected on 22.11.2021.

// 2 // Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.09.2020 and his earlier bail application in BLAPL No.8056 of 2020 was rejected as per order dated 16.03.2021 and liberty was granted to the petitioner to renew his prayer for bail after examination of the eye witnesses in the learned trial Court. It is further submitted that till date there is no progress in the trial and therefore, the prayer for bail may be favourably considered. Status report submitted by the learned trial Court indicates that charge is yet to be framed.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the slow progress of the 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.

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

// 3 // 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 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 during the period of interim bail.

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