Sarat Swain vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical 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.T. Case No.172 of 2015 arising out of Buguda P.S. Case No.231 of 2014 pending in the Court of learned Additional Sessions Judge, Bhanjanagar for offences punishable under sections 498-A/304-B/302/406/201/34 of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Bhanjanagar, which was rejected on 29.09.2020. Though in its report dated 02.09.2021, learned

Additional Sessions Judge, Bhanjanagar has mentioned about the examination of eleven witnesses by the prosecution and further mentioned that P.W.11 was examined on 02.08.2018 and further mentioned that the trial was expected to be completed by the end of September, 2021, learned counsel for the petitioner submitted that after the examination of P.W.11 on 02.08.2018, till date there is no progress in the trial. In order to substantiate the statement, he has filed the certified copy of the order dated 20.09.2021 of the learned trial Court which indicates that the case was adjourned to 11.10.2021 and summons were issued to the rest of the prosecution witnesses.

It appears that on account of delayed trial and taking into account the period of detention of the petitioner in judicial custody, the petitioner was released on interim bail for a period of three months from the date of release in BLAPL No.8117 of 2020 as per order dated 18.12.2020.

Learned counsel for the petitioner submitted that after availing the interim bail period, the petitioner surrendered before the learned trial Court at right time and he has drawn attention of this Court to Annexure-4, which is the order dated 22.03.2021 which indicates about the surrender of the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and since out of sixteen witnesses, only eleven witnesses have been examined so far and the last witness i.e. P.W.11 was examined on 02.08.2018 as per the report dated 02.09.2021 of the learned trial Court and the petitioner has not flouted the terms and conditions of the earlier interim bail order, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the period of interim bail and he shall not indulge in any criminal activities in any manner.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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