Sanyasi @ Pradeep Das 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 S.T. Case No. 103 of 2022 arising out of Basta P.S. Case No. 313 of 2021 pending in the file of learned 3rd Addl. Sessions Judge, Balasore, for commission of offences punishable under Section 302 of the IPC, on the allegation of committing murder of the deceased Ashok Behera by assaulting him on his head by means of a cudgel(Thenga).

Heard, Mr. A.K. Behera, learned counsel for the petitioner appearing virtually from Balasore and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

It is brought to the notice of the Court that despite the petitioner being detained in custody since 05.11.2021, the trial is yet to commence even though charge has already been framed.

In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the petitioner in this case and taking into account the non-progress of trial as revealed from the order of rejection of bail to the petitioner by the learned trial Court and taking into account the other circumstance on record in entirety, 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.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three (03) 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 similar 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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