Nanda @ Sanjit Mirdha 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 Lalbag P.S. Case No.198 of 2019 corresponding to S.T. Case No.16 of 2021 pending in the Court of learned 3rd Addl. Sessions Judge, Cuttack for offence punishable under section 302 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Cuttack, which was rejected on 24.12.2022.

Learned counsel for the petitioner submitted that this is the 3rd successive bail application of the petitioner and the petitioner was taken into judicial custody in connection with this case on 21.09.2019 and he has been charge sheeted under section 302 of the Indian Penal Code. Learned counsel further submitted that in the learned trial Court, out of twenty five charge sheeted witnesses, seven witnesses have already been examined so far and earlier when the petitioner approached this Court for bail in BLAPL No.3956 of 2022 while not inclining to grant bail to the petitioner, direction was issued to the learned trial Court to expedite the trial and make every endeavour to conclude the same by end of December 2022 and in spite of such direction, the trial has not concluded and, therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer and submitted that the eye witness (P.W.3) has implicated the petitioner in the assault of the deceased, however on instruction submitted that there is no criminal antecedent against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and since last order passed by this Court in BLAPL No.3956 of 2022 has not been complied with, 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.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

……………………………