Tukuna Behera 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 C.T. Case No. 143 of 2020 arising out of Nayapalli P.S. Case No. 175 of 2020 pending in the file of learned 3rd Addl. Sessions Judge, Bhubaneswar, for commission of offences punishable under Section 302 of the IPC, on the allegation of committing murder of the deceased namely Banu Sabar.

Heard, Mr. B. Jalli, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

It appears from the report submitted by the learned 3rd Addl. District & Sessions Judge-cum-Addl. Special Judge (Vigilance), Bhubaneswar that despite issuance of summons against the witnesses, none had turned up for their examination in the trial even after framing of charge more than one year and three months back on 08.04.2022. It also appears from the record that the petitioner is in custody since 06.05.2020 and in the meantime, more than three years and three months has already been elapsed. The personal liberty of a person is sacrosanct and it cannot be withheld without any lawful excuse and without assurance of speedy trial to such person accused of offence. Further, a person cannot be detained in custody for ad-infinitum without assurance of free, fair and speedy trial.

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 regard being had to the non-progress of trial even after more than three years and three months of custody of the petitioner, this Court considers the bail application of the petitioner leniently.

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. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(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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