Parmeswar Saraf vs State Of Odisha

S. K. Sahoo, J

This matter is taken up by video conferencing 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 S.A. No.97 of 2017 arising out of Khariar P.S. Case No.212 of 2017 pending

in the Court of learned Addl. Sessions Judge â€"cum- Special Judge, Nuapada for offences punishable under sections 363/376(2)(i)/506 of the Indian

Penal Code read with section 6 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge â€"cum- Special Judge, Nuapada which was rejected

on 20.04.2021.

Learned counsel for the petitioner submitted that the petitioner was released on bail in connection with this case in BLAPL No.991 of 2018 as per

the order dated 09.08.2018 and on 03.12.2018, for non-taking of steps in the Court below, non-bailable warrant of arrest was issued against him by

virtue of which he was taken into custody. It is further submitted that the petitioner is ready and willing to co-operate with the learned trial Court for

early disposal of the case and therefore, the bail application may be favourably considered.

Learned counsel for the State submitted that out of fifteen charge sheet witnesses, thirteen witnesses have already been examined and since the

petitioner has flouted the terms and conditions of the earlier bail granted by this Court and absconded for about two years and three months, if he is

released on bail, it would be difficult to ensure his attendance at the time of trial.

Considering the submissions made by the learned counsel for the respective parties and the fact that the petitioner was earlier on bail and now he is

in judicial custody, 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) each 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 with further conditions that the petitioner shall appear before the learned trial Court on each date when the case would be fixed

for trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in

the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th

March, 2020.