Laxman Tarai vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with Bada Bazar P.S. Case No.122 of 2021 corresponding to G.R. Case No. 1001 of 2021 pending in the Court of learned Additional Sessions Judge, Berhampur for commission of offences punishable under Sections 302/307/326/34 of the IPC r/w Section 27 of the Arms Act, on the allegation that on 15.06.2021 at about 10PM in night, one Tina Sethi had called the deceased Chandan Pradhan from his house and murdered him and attempted to commit murder of Muna Mohanty and Tofan Behera with active assistance of others and the investigation by Police revealed the involvement of the present Petitioner in accomplishing the crime in this case.

Heard, Ms. P.Naidu, learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. Ms. P. Naidu has also made available to the Court the copy of depositions of PW Nos. 1 to 7.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the nature and strength of the supporting materials available on record and on going through the depositions of aforesaid witnesses including the eye witnesses and regard being had to the pre trial detention of the petitioner since last 2 years without trial having been concluded in the meanwhile and taking into account the other circumstances on record in entirety including the main allegation of killing being directed against co-accused Tina @ Sibaram Sethy and release of co-accused persons Sankar Gouda and Kashinath Mahakuda @ Gouda on bail in BLAPL Nos. 3924 & 3926 of 2023, this Court admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case is at liberty to cancel the bail of the Petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the Petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. The case record be tagged with BLAPL No. 9873 of 2023.

Issue urgent certified copy of the order as per Rules.

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