Prakash Kumar Puhan vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and the learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T.(Sessions) Case No.16 of 2021 arising out of Binjharpur P.S. Case No.395

of 2020 pending in the Court of learned Sessions Judge, Jajpur for alleged commission of offences punishable under sections 306/354/506/420 of the

Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Sessions Judge, Jajpur which was rejected on 25.03.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.12.2020 and the earlier bail application of the petitioner

was disposed of as withdrawn on 24.03.2021. He further submitted that in the meantime, the material witnesses have been examined including the

informant and they have not supported the prosecution case for which they have been declared hostile and therefore, the bail application of the

petitioner may be favourably reconsidered.

Perused the statement of the informant, who has been examined as P.W.4 and he has stated that he did not know why the deceased, who was his

mother, committed suicide and the villagers asked him to sign on a paper and accordingly he complied the same. He further stated that he could not

say what was written in that paper. It further seems that P.W.4 has been declared hostile by the prosecution and cross-examined.

Since the material witnesses examined so far have not supported the prosecution case, in view of the change in the circumstances after the rejection

of the earlier bail application and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer

for bail and direct the petitioner to be released 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.

Accordingly, the BLAPL is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.