Jitu @ Jitendra Kumar Sahoo vs State Of Odisha

I.A. No.578 of 2021

This matter was not on the board today. On being mentioned it is taken up by a special notice.

This is an application for regular bail by Appellant No.1 who has been convicted by the impugned judgment dated 5th August, 2016 passed by the

learned Additional Sessions Judge, Dhenkanal in C.T. (SS) Case No.156 of 2011 for the offences under Sections 302/120-B of the IPC and sentenced

to undergo imprisonment for life along with fine.

As far as the co-accused is concerned, he was enlarged on bail by this Court by order dated 24th October, 2016. However, the bail application of

the present Appellant was rejected by noting that he was the driver of the vehicle which had crushed the deceased to death. For the second time on

19th July, 2018 the Appellant’s bail application was rejected for the same reason.

It is not disputed that the Appellant has been in custody for over ten years and he has not been enlarged on bail at any point in time. There does not

also appear to be any previous case involving the Appellant.

A perusal of the judgment of the trial Court reveals that the question of motive for the commission of the offence was not conclusively established

and was in the realm of doubt.

It is unlikely that the present appeal can be taken up for final hearing in the immediate future. The Appellant has been in custody for over ten years.

In the circumstances it is directed that Appellant No.1 be enlarged on bail in connection with the aforementioned case during pendency of the appeal

on such terms and conditions as the learned trial court may deem fit and proper. It is clarified that the observations in the present order would not

affect the final determination of the appeal

The I.A. is disposed of.

An urgent certified copy of this order be issued as per rules.

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