Sankar Panda vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with G.R. Case No.2385 of 2022 arising out of Sadar P.S. Case No.404 dated 12.09.2022 pending in the file of learned J.M.F.C.(R), Cuttack for commission of offences punishable under Section 302 of IPC, on the allegation of committing murder of one Radha Patra.

In the course of hearing of the bail application, Mr. S.R. Rout, learned counsel for the Petitioner submits that there was no intention on the part of the Petitioner to kill the deceased and the deceased had probably died on account of fall on the ground in an inebriated condition and even if, the materials on record are taken into consideration, no case U/S. 302 of IPC is attracted against the Petitioner, rather at best a case U/S. 304-II IPC may be attracted against the Petitioner and the Petitioner having already detained in custody for near about one year and in the meanwhile, charge-sheet has already been submitted in this case. On these grounds, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. S.R. Roul, learned A.S.C., by placing the statement of the Informant opposes the bail application of the Petitioner vehemently.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the Petitioner in this case and regard being had to the pre-trial detention of the Petitioner since 13.09.2022 with submission of charge-sheet and ongoing through the opinion of the Doctor as to cause of death of deceased as furnished in the Post Mortem Report, this Court admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the Petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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