Ajaya Sahu @ Jitu vs State Of Odisha

S.K. Sahoo, J

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 Choudwar Sadar P.S. Case No.343 of 2019 corresponding to S.T. Case No.103 of 2021 pending in the Court of learned 1st Addl. Sessions Judge, Cuttack for offences punishable under sections 394/307/302 of the Indian Penal Code read with sections 25/27 of the Arms Act.

The petitioner moved an application for bail before the Court of learned 1st Addl. Sessions Judge, Cuttack which was rejected on 07.04.2023.

Learned counsel for the petitioner submitted that the petitioner was taken on remand in connection with this case on 30.11.2019 and out of twenty three charge sheeted witnesses, only one witness has been examined so far in the learned trial Court and in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered.

As per the order dated 28.07.2023, learned trial Court i.e. 1st Addl. Sessions Judge, Cuttack has submitted the status report dated 01.08.2023 which also indicates the same.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there are sixteen numbers of criminal antecedents against the petitioner.

Learned counsel for the petitioner has pointed out from the order dated 09.02.2021 passed in BLAPL No.3635 of 2020 that the petitioner in all those cases has been granted bail.

Considering the submissions made by the learned counsel for the respective parties and the status of the trial as given by the learned trial Court in the status report, 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 and slow progress of the trial, 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 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 while on interim bail:

i) he shall not indulge in any criminal activities;

ii) shall not try to tamper with the prosecution evidence;

iii) shall appear before the learned trial Court on each date to which the case is posted for trial and

iv) shall appear before the Inspector in-charge of Choudwar Sadar police station once in a week, preferably, on every Sunday in between 10.00 a.m. to 4.00 p.m.

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

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

I.A. No.764 of 2023

This is an application for interim bail.

In view of the order dated 04.08.2023 passed by this Court in BLAPL No.5584 of 2023, the interim application stands disposed of.

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