Khudra Puji @ Khudra Punji vs State Of Orissa

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 Belpada P.S. Case No. 58 of 2010 corresponding to Sessions Case No.16 of 2017 pending in the Court of learned Additional Sessions Judge, Patnagarh for offences punishable under sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody in connection with this case since 11.05.2017 and he has been granted interim bail for three months twice and after availing the same, he surrendered before the learned trial Court at right time. It is further submitted that P.W.15 is an eye-witness to the occurrence, who has implicated the petitioner and his brother Arun Punji in the assault of the deceased Sape Punji by means of an axe. But the brother of the petitioner after facing the trial has already been acquitted by the learned Additional Sessions Judge, Patngarh which would be evidence from the rejection order. He further submitted that since the petitioner has not flouted the terms and conditions of the interim bail orders, this Court may reconsider the bail application favourably.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner is in judicial custody for about seven years.

The status report of the learned trial Court dated 04.07.2023 indicates that out of thirty five charge sheet witnesses, twenty three witnesses have been examined.

Learned counsel for the petitioner further submitted that thereafter, no further witnesses have been examined in the learned trial Court.

Considering the submissions made by the learned counsel for the respective parties and after going through the evidence on record, 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 the conduct of the petitioner in complying with the earlier interim bail orders, 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 that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

Violation of any 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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