Orissa High Court
Panu @ Ramesh @ vs State Of Odisha ... Opp.Party on 26 August, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 8864 of 2019
PANU @ RAMESH @ ... PETITIONER
AJAY SING
-VERSUS-
STATE OF ODISHA ... OPP.PARTY
08. 26.08.2020 The matter is taken up through Video
Conferencing.
Heard the learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 Cr.P.C.
in connection with Nilagiri P.S. Case No.187 of 2017
corresponding to C.T. Case No.238 of 2017 pending in
the file of learned S.D.J.M., Nilgiri for alleged commission
of offences under sections 395 of the Indian Penal Code
and sections 25/27 of the Arms Act and section 9(b) of
I.E. Act.
The prayer for bail of the petitioner has been
rejected by the learned Asst. Sessions Judge, Nilgiri vide
order dated 06.09.2019.
Learned counsel for the petitioner submitted
that the petitioner is in judicial custody since 26.09.2017
and he has been charge-sheeted under section 395 of
the Indian Penal Code, sections 25/27 of the Arms Act
and section 9B of Explosives Act. It is further submitted
that the earlier bail application of the petitioner in BLAPL
No. 6868 of 2018 was rejected on 14.02.2019 on the
ground that the petitioner has been identified in the T.I.
parade and the petitioner was given liberty to renew his
prayer for bail after examination of the identifying
witnesses in the trial Court.
A report was called for from the learned
Court below relating to the status of the case vide order
dated 26.06.2020 and the learned S.D.J.M., Nilgiri has
submitted his report on 03.07.2020, which indicates that
there is no commitment of the case to the Court of
Session.
Learned counsel for the State opposed the
prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, the period of
detention of the petitioner in judicial custody and the fact
that till date, there is no commitment of the case to the
Court of Session, while not inclining to release the
petitioner on bail on merit, I direct that the petitioner be
released on interim bail for a period of three months
from the date of release and the petitioner shall
surrender before the learned trial Court immediately on
expiry of three months period.
For the above period, let the petitioner be
released on bail in the aforesaid case on furnishing bail
bond of Rs.50,000/-(rupees fifty thousand) with two local
solvent local sureties each for the like amount to the
satisfaction of the learned Court in seisin over the matter
with further conditions as the learned Court may deem
just and proper and with further conditions that the
petitioner shall not try to come in contract with any of
the prosecution witnesses and 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 bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
.............................
S.K. Sahoo, J.
PKSahoo