Harish Jaiswal 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 Jharsuguda P.S. Case No.348 of 2017 corresponding to S.T. Case No.92 of 2017 pending in the Court of learned Additional Sessions Judge, Jharsuguda for offences punishable under sections 498-A/302/304-B/34 of the Indian Penal Code and section 4 of the D.P. Act.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Jharsuguda which was rejected on 29.01.2024.

Learned counsel for the petitioner submitted that the petitioner, who is the husband of the deceased, was taken into judicial custody on 10.06.2017 and twice he has been granted interim bail and after availing the same, he surrendered at right time and in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered.

The status report submitted by the learned trial Court dated 02.04.2024 indicates that out of thirty eight numbers of charge sheet witnesses, eight witnesses have been examined.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the conduct of the petitioner in complying with the earlier orders of interim bail granted by this Court, 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 subject to conditions that while on interim bail, the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date to which the case would be posted for trial.

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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