Madhab Khara vs State Of Odisha

D.Dash, J

This matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the successive journey of this petitioner, who is in custody in connection with Nandapur P.S. Case No.55 of 2019 pending in the Court of the learned Additional Sessions Judge, Koraput for offence punishable under section 302/34 of the IPC, in filing this application under section 439, Cr.P.C. for his release on bail.

Learned Senior Counsel for the Petitioner submits that, this Petitioner being arrested in the case, is in custody since 12.09.2019. He, further submits that the case is based on circumstantial evidence and despite such long detention of the Petitioner in custody, the Trial has not made that much of progress, that its early conclusion can be expected. He further submits that the co-accused having been released on bail is enjoying the liberty and no report has come to the effect that he has misused the liberty. He also submits that the circumstances which are projected against this Petitioner in pointing the finger of guilt at this Petitioner are fragile. In view of the all these above, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise, he urges for reconsideration of the bail to the Petitioner.

Learned counsel for the State opposes the move. According to him, the materials on record are sufficient to establish the complicity of the Petitioner. He however does not dispute despite the detention of the Petitioner in custody since 12.09.2019, the Trial is still going on.

Considering the submissions made and on going through the materials as placed; further keeping in view the surrounding circumstances; I am inclined to reconsider the prayer for grant of bail to the Petitioner. Accordingly, it is directed that the Petitioner be released on bail by the Court in seisin of the case on such terms and conditions as deemed just and proper with further condition that the Petitioner will appear in person before the Court in seisin of the case on each date of posting of this case till conclusion of the trial; will not indulge himself in any criminal activity; and will not terrorize or threaten the prosecution witnesses.

Violation of any of the condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy of this on proper application.

…………………………