Nishikanta Karan 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 S.T. Case No.2/23 of 2021 corresponding to G.R. Case No.910 of 2010 arising out of Brahmagiri P.S. Case No.101 of 2010 pending on the file of the learned 1st Additional Sessions Judge, Puri running for the alleged commission of offence under section-147/ 148/ 302/ 307/ 326/ 324/323/294/427/379/149 of the I.P.C. read with section 25 & 27 of the Arms Act and section 9(b) of the Indian Explosive Act in filing this application for grant of bail in the above mentioned case.

Learned Senior Counsel for the Petitioner at the outset instead of pressing the prayer for grant of regular bail to the Petitioner confines his submission for grant of interim bail to the Petitioner for some period. He submits that the Petitioner being arrested in the case is in custody since 05.09.2020 and despite detention of the Petitioner, out of twenty-one (21) charge-sheeted witnesses by now only five prosecution witnesses have been examined. He further submits that the Petitioner being on interim bail on earlier occasion, his conduct has never been found to be adverse and he has never misutilized the liberty. It is submitted that for such non-conclusion of trial and detention of the Petitioner, his family members who have somehow managed to run till now are no more in a position to continue further without assistance of the Petitioner and for that his presence at home for some period is absolutely necessary. In view of the above, he urges for grant of interim bail to the Petitioner for four months so that he can do the needful for properly defending himself in the trial.

Learned counsel for the State opposes the move. He, however, does not dispute the fact that the Petitioner is in custody since 05.09.2020 and trial is going on.

Considering the submissions made and further keeping in view the surrounding circumstances, it is directed that the Petitioner be released on interim bail in the aforementioned case for a period of twelve (12) weeks from the date of his actual release from custody on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the trial court on the date fixed during the period and will surrender before the said court after expiry of the period of interim bail without fail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules..

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