Biku @ Krutibash Paikray vs State Of Odisha

S.K. Sahoo, J

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

Heard the learned counsel for the petitioner and learned Addl. Standing counsel for the State as well as learned counsel for the informant.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Nirakarpur P.S. Case No. 05 of 2018 corresponding to S.T. Case No. 70 of 2018 pending in the Court of learned 2nd Addl. Sessions Judge, Khurda for alleged commission of offences under sections 302 and 332 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of 2nd Addl. Sessions Judge, Khurda, which was rejected on 12.10.2022.

Learned counsel for the petitioner submitted that when the petitioner approached this Court for bail in BLAPL No. 1125 of 2021, he was granted interim bail for a period of three months and after availing the same, he surrendered at right time. He further submitted that when last time the petitioner approached this Court in BLAPL No. 102 of 2022, taking into account the period of detention of the petitioner in judicial custody as well as progress of trial, this Court as per order dated 10.07.2022 directed the learned trial Court to conclude the trial by end of October 2022 and liberty was granted to the petitioner to renew the prayer for bail if the trial is not concluded within the said period. Since the Presiding Officer is not there for last six months, the bail application of the petitioner may be favourably considered.

Learned counsel for the informant opposed the prayer for bail on the ground that the petitioner is likely to abscond.

Learned counsel for the State also opposed the prayer for bail.

The status report dated 03.01.2023 submitted by the learned 2nd Addl. Sessions Judge, Khurda in-charge reveals that out of twenty five witnesses, twenty two witnesses have already been examined, cross-examined and discharged and the learned Addl. P.P. has filed a memo to close the prosecution case on 16.12.2022, but the Presiding Officer has been transferred since 01.09.2022. Learned Registrar (Judicial) of this Court has placed a report dated 03.03.2023 wherein it is mentioned that the Presiding Officer has not yet joined in the said Court.

Considering the submissions made by the learned counsel for the respective parties, the petitioner was taken on remand in this case since 20.01.2018, the conduct of the petitioner in complying with the terms and conditions of the earlier interim bail order, the closure of the prosecution case and that the Presiding Officer of the learned trial Court is not there since last six months, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. 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 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 during the interim bail period.

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.

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