AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Sahoo, JÂ
This matter is taken up by video conferencing 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.59(A) of 2013 arising out of Rajgangpur P.S. Case No.135 of
2012 pending in the Court of learned Sessions Judge, Sundargarh for commission of offences punishable under sections 364/302/379/34 of the Indian
Penal Code read with sections 25/27 of the Arms Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Sundargarh which was rejected on 07.12.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody in connection with this case on 24.08.2012 but only seven
witnesses out of twenty-six witnesses have been examined so far in the learned trial Court and the last witness was examined on 28.08.2018. He
further submitted that the petitioner was granted interim bail for a period of three months in BLAPL No.4861 of 2020 as per order dated 16.11.2020
and after availing the interim bail period, he surrendered in the trial Court at right time. On such submission, a status report was called for from the
learned trial Court and the learned trial Court submitted a status report dated 21.07.2021 from which it appears that the charge was framed on
09.05.2018 and so far seven witnesses out of twenty-six witnesses have been examined and the last witness was examined on 28.08.2018 and
thereafter there could be no progress in examining the remaining witnesses including the informant, doctor and Investigating Officer, due to cessation
of Court work by the local Bar Members and also due to nation wide lock down imposed on account of spreading of Corona Virus (Covid-19). The
learned counsel for the petitioner has also filed the surrender certificate of the petitioner.
In view of the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the fact
that the petitioner has not flouted the terms and condition of the earlier bail order and taking into account the slow progress of the trial so far and the
fact that since 28.08.2018, no further witness has been examined, I am inclined to release the petitioner on interim bail for a period of six months from
the date of release and the petitioner shall surrender before the learned trial Court immediately on the expiry of the said period.
For the aforesaid period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.2,00,000.00 (rupees two lakh) with
two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the
learned Court may deem just and proper. While on bail, the petitioner shall appear before the learned trial Court on each date when the case would be
posted for trial. Violation of any terms and conditions shall entail cancellation of interim bail.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798 dated 15th April 2021..
………………………………