Jamirul Sk. @ Jamir @ Javed 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, learned counsel for the informant and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.139 of 2019 arising out of Baripada Town P.S. Case No.104 of 2019 pending in the Court of learned 1st Additional Sessions Judge, Baripada for offences punishable under sections 302/120-B/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Baripada, which was rejected on 02.12.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.05.2019 and he has been charge sheeted under sections 302/120-B/ 34 of the Indian Penal Code. He further submitted that earlier bail application of the petitioner in BLAPL No.10975 of 2019 was rejected as per order dated 14.09.2020 and in the meantime, eleven witnesses have been examined and none of the witness has whispered anything against the petitioner and in view of the progress of the trial and change in the circumstances, the bail application of the petitioner may be favourably considered.

Learned counsel for the informant placed the evidence of P.W.6.

Learned counsel for the State opposed the prayer for bail, however, submitted that the petitioner is a man from West Bengal and once he is released on bail and absconds, it would be difficult to ensure his attendance in the trial Court.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on 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 for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the condition that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial.

Before accepting the bail bond, the learned trial Court shall verify as to whether the address furnished by the petitioner in the cause title is correct one or not and the documents of two local sureties are genuine or not.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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