Niranjan Moharana @ Gajanana 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 Addl. Standing Counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Puri Town P.S. Case No.82 of 2018 corresponding to S.T. Case No.22/100 of 2022/2019 pending in the Court of learned 1st Addl. Sessions Judge, Puri for offences punishable under sections 302/34 of the Indian Penal Code and sections 25 and 27 of the Arms Act.

The petitioner moved an application for bail before the Court of learned 1st Addl. Sessions Judge, Puri, which was rejected on 24.11.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 20.05.2018 and even half of the charge sheet witnesses are yet to be examined in the learned trial Court and in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there is direct evidence against the petitioner and since number of witnesses are yet to be examined, if the petitioner is released on bail at this stage, there is every likelihood of tampering with the prosecution evidence.

Perused the status report furnished by the 1st Addl. Sessions Judge, Puri dated 27.03.2023 from which it appears that out of thirty seven charge sheet witnesses, sixteen witness have been examined and other witnesses are not turning up for which bailable warrants issued against them.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of the trial as per the status report furnished by the learned trial Court, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

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 appear before the Inspector in-charge of Puri Town Police Station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

A free copy of the order be handed over to the learned counsel for the State which will be forwarded to the Inspector in-charge of Puri Town Police Station.

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