Sunil Sahu @ Samir Sahu vs State Of Odisha & Another

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Birmaharajpur P.S. Case No. 142 of 2020 corresponding to Special Case No.12 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Sonepur for offences punishable under sections 376(3)/323/354-B/341 of the Indian Penal Code read with Sections 4 & 10 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Sonepur, which was rejected on 10.11.2022.

Perused the status report dated 20.04.2023 from which it reveals that out of twenty seven charge witnesses, nine witnesses have been examined so far in the trial Court.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 29.07.2020 and when the petitioner has approached this Court last time for bail in BLAPL No.6206 of 2021, this Court vide its order dated 22.07.2022 while rejecting the prayer for bail, directed the learned trial Court to expedite the trial and conclude the same by the end of December 2022 and granted liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within the said period.

Considering the submissions made by the learned counsel for the respective parties, period of detention of the petitioner in judicial custody, since the earlier order passed in BLAPL No.6206 of 2021 has not yet been complied with, the fact that the petitioner is a local man and the victim has already been examined, 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 that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

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

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

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