Orissa High Court
Srikrushna Jena vs State Of Odisha .... Opposite Party on 18 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2708 of 2023
Srikrushna Jena .... Petitioner
Mr. B.K. Nayak, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.04.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with S.T. Case No.32/104 of 2022, pending in the Court of the learned 2nd Additional Sessions Judge, Puri, arising out of Pipli P.S. Case No.177 of 2021, for alleged commission of offences under Section 302/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Puri, by order dated 14.02.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 03.04.2021 and as trial is lingering and in view of the release of the co-accused namely Haribola Mohapatra, Sukanta Sahoo and Rajeeb Bisoi by orders dated 03.01.2022, 23.11.2021, 08.02.2022 in BLAPL Nos.7598, 8374 and 10050 of 2021 Page 1 of 2 respectively, the petitioner may be released on bail inter alia on the ground of parity.
5. Learned counsel for the State opposes the prayer for bail and relies on the statement of Abinash-CSW No.8 and submits that the facts in their proper perspective were not brought to the notice of the co-ordinate Bench of this Court for which the ground of parity cannot be pressed into service.
6. This Court prima facie finds force in the submission of the learned counsel for the State.
7. Perused the statement of Abinash-CSW No.8.
8. On closure scrutiny of the said statement, it is seen that the overt act of a greater degree is attributed to the co-accused Haribola Mohapatra, who has since been released on bail.
9. Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Additionally, it is directed that petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
11. While releasing the petitioner on bail, learned Court below shall verify assertion regarding the criminal antecedent of the petitioner. If it comes to fore that the petitioner has criminal antecedent of any nature, this order shall stand recalled.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Santoshi Page 2 of 2