Susanta Kumar Pradhan @ Susanta Pradhan vs State Of Orissa

G. Satapathy, J

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

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Jagannath Prasad P.S. Case No. 222 of 2021 corresponding to S.T.Case No. 12 of 2022 pending in the file of learned Additional Sessions Judge, Bhanjanagar for commission of offence punishable under Sections 323/302/34 of IPC, on the allegation of committing murder of the deceased along with other co-accused persons in furtherance of their common intention. The Petitioner has renewed his prayer for bail after examination of the eye witnesses Ranjit Kumar Patra and Niranjan Nayak in terms of the order passed by this Court on 02.11.2022.

In the course of hearing of the bail application, Mr. S.K. Mohanty, learned counsel for the Petitioner submits that the so called eye witnesses Mr. Ranjit Patra and Niranjan Nayak have not supported the prosecution case, but the Petitioner is languishing inside jail custody since 03.07.2021 and in the meanwhile, co-accused namely Laxmi Nayak and Bansi Pradhan have already been granted bail by this Court in BLAPL Nos. 6150 of 2022 and 12981 of 2022. On these grounds, Mr.S.K. Mohanty, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner by placing the statement of the Informant Meera Naik.

After considering 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 present Petitioner and regard being had to the pre-trial detention of the Petitioner since

07.2021 and taking into account grant of bail to co-accused Laxmi Nayak and Bansi Pradhan in BLAPL Nos. 6150 of 2022 and 12981 of 2022 and considering the examination of the eye witnesses namely Ranjit Patra and Niranjan Nayak who have not supported the prosecution case in the trial and further taking into account the other circumstances 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.25,000/- (Rupees Twenty Five 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

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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