Orissa High Court
Susanta Kumar Sahu vs State Of Odisha ... Opp. Party on 5 August, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 8080 of 2019
Susanta Kumar Sahu ... Petitioner
-Versus-
State of Odisha ... Opp. party
08. 05.08.2020 This matter is taken up through video conferencing.
Heard learned counsel for the petitioner and the
learned counsel for the State.
This is an application under section 439 Cr.P.C. in
connection with S.T. Case No.54 of 2019 arising out of
Phiringia P.S. Case No.97 of 2018 pending in the Court of
learned Sessions Judge, Phulbani for alleged commission of
offences punishable under sections 147/148/120-B/121/
121-A/124-A/307/149 of the Indian Penal Code read with
sections 25 & 27 of the Arms Act along with sections 4/5/6
of the Explosive Substance Act and section 17 of the
Criminal Law Amendment Act and sections 16(1)(a)/18-
A/20 of the Unlawful Activities (Prevention) Act, 1967.
The petitioner moved an application for bail before
the Court of learned Addl. Sessions Judge -cum- Special
Judge (Vigilance), Phulbani which was rejected on
29.08.2019.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 13.12.2018 and the
earlier bail application of the petitioner in BLAPL No.1086 of
2019 was rejected on 20.06.2019, inter alia, on the ground
that further investigation is under progress and some of the
co-accused persons are yet to be arrested. He further
submits that in the meantime, charge sheet has already
been submitted and the case has been committed to the
Court of Session and it is pending in the Court of learned
Sessions Judge, Phulbani in S.T. Case No.54 of 2019 and at
this juncture there is no progress of trial on account of
Covid-19 pandemic situation and therefore, the bail
application of the petitioner may be favourably
reconsidered.
Learned counsel for the State has produced the case
diary and 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 taking into account the
prevailing situation on account of Covid-19 in the Courts at
Phulbani, I am inclined to reconsider the prayer for bail and
direct the petitioner to be released on bail.
Let the petitioner be released on bail in the aforesaid
case on furnishing bail bond of Rs.20,000.00 (rupees
twenty thousand) 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.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on
proper application.
.............................
S.K. Sahoo, J.
RKM