Narayan Das 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 Marsaghai P.S. Case No.237 of 2020 corresponding to S.T. Case No.92 of 2021 pending in the Court of learned Additional Sessions Judge, Kendrapara for offences punishable under sections 457/395/397/307 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Kendrapara which was rejected on 14.02.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.10.2020 and when he approached this Court for bail last time in BLAPL No.1134 of 2022, he was granted interim bail for a period of three months as per order dated 01.11.2022 and after availing the same, he surrendered at right time and the prosecution evidence is not closed till date. He further submitted that in view of the delayed disposal of the trial, the petitioner may be granted interim bail for some period.

Learned counsel for the State has no serious objection so far as the interim bail of the petitioner is concerned.

The status report dated 13.04.2023 submitted by the learned trial Court indicates that out of twenty seven charge sheet witnesses, fourteen witnesses have been examined so far.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the slow progress of the trial and the conduct of the petitioner in complying with the earlier order of interim bail granted by this Court, 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 as the learned Court may deem just and proper subject to conditions that while on interim bail, the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the 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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