Shiba @ Ratra Baba Padhan vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Subalaya P.S. Case No.27 of 2023 arising out of S.T. Case No. 61 of 2023 pending in the file of learned Sessions Judge, Sonepur for commission of offence punishable under Section 302/34 of IPC, on the allegation of throwing a trunk of one Palasa tree on the deceased Prakash Biswal, who was lying on the ground after receiving assault of axe from the son of the petitioner, along with another co-accused.

Heard, Mr. B.P. Pradhan, learned counsel for the petitioner and Mr. S.R. Roul, ASC in the matter and perused the record.

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 nature and strength of supporting materials available against the petitioner and regard being had to the pre trial detention of the petitioner in custody since 20.02.2023 with submission of charge sheet and the main allegation of assaulting the deceased by means of an axe being directed against the co-accused Dusashan Padhan, the son of the petitioner and taking into account the other circumstance on record in entirety including release of co-accused Damayanti Padhan on bail in BLAPL No. 4512 of 2023, 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) only 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 and

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

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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