Samir Kumar Samal 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.50 of 2023 arising out of Tirtol P.S. Case No.350 of 2022 pending in the file of learned Addl. Sessions Judge, Jagatsinghpur for commission of offence punishable under Section 304 of IPC, on the allegation of administering some Ayurvedic medicine without any authority to the deceased which eventually became the cause of death of the deceased.

In the course of hearing of the bail application, Mr. G.M.Rath, learned counsel for the petitioner submits that although the FIR was lodged against the  petitioner for offence U/S. 302 of IPC, but after completion of investigation, charge sheet has been submitted against the petitioner for offence U/s. 304 of IPC which speaks of culpable homicide not amounting to murder and thereby, no intention can be attributed to the petitioner for causing death of the deceased. It is further submitted that the petitioner being aged about 49 years and having detained in custody since 03.11.2022, may kindly be granted bail.

On the other hand, Mr. S.S.Pradhan, learned AGA does not dispute the facts of the case, but he, however, strongly opposes the bail application of the petitioner on the ground that the petitioner had administered medicine without any license which caused the death of the deceased and thereby, the act of the petitioner is squarely covered by Section 304 of IPC. Learned AGA thereby, prays to reject the bail application of the petitioner.

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 petitioner and taking into account the peculiar nature of allegations raised against the petitioner and regard being had to the pre-trial detention of the petitioner since 03.11.2022 and further taking into account other circumstance 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 attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(ii) 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 for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application..

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