Madhusudan Harijan vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

It appears that the bail application was filed on 03.02.2021 and for the first time it was taken up on 01.03.2021 and learned counsel for the State was asked to produce the case diary and obtain instruction as to whether the injured has been discharged from the hospital or not and to produce the statement of the injured. The matter was then taken up on 14.09.2021 and on that date also learned counsel for the State took time to obtain instruction regarding the present health condition of the injured Dhugulu Nayak as well as criminal antecedents, if any, against the petitioner.

Today, when the matter was called, Mr. A.K. Beura, learned Addl. Standing Counsel submitted that he has neither received instruction as per the previous orders of this Court nor he has obtained the case diary.

It is unfortunate that seven months after filing of the case, case diary has not been received.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Jeypore Sadar P.S. Case No.217 of 2020 corresponding to G.R. Case No. 850 of 2020 pending in the Court of learned S.D.J.M., Jeypore for alleged commission of offences under sections 341, 324, 326, 506, and 307 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Sessions Judge, Koraput at Jeypore, which was rejected on 13.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.11.2020 and he has been charge sheeted under sections 341, 324, 326, 506, and 307 of the Indian Penal Code. It is further submitted that the injured has already been discharged from the hospital and he is quite hale and hearty and in view of the available materials on record, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner and since injured has already been discharged from the hospital and he is quite hale and hearty and further taking into account 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 of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that the petitioners shall not indulge in any criminal activities, shall not try to tamper with the prosecution evidence and shall appear before the learned Court below on each date when the case would be posted for trial.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.