Orissa High Court
Rohit Swain vs State Of Odisha .... Opposite Party on 20 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11581 of 2022
Rohit Swain .... Petitioner
Mr. S.S. Ray (2), Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
20.04.2023 Order No.
05. 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.74 of 2022, pending in the Court of the learned Additional Sessions Judge, Aska, arising out of Dharakote P.S. Case No.85 of 2013, for alleged commission of offences under Sections 302/201/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 31.10.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel for the petitioner that the charge sheet in the case at hand has been filed in the meanwhile showing the petitioner as an absconder.
5. It is submitted that in the meanwhile the co-accused Muna @ Manoj Swain and Sankar @ Sibasankar Bisoi who faced trial were acquitted by judgment dated 29.09.2016 in S.T. Case No.78 of 2014 by the learned Additional Sessions Judge, Aska, Ganjam.
Page 1 of 26. It is apt to note here that of the two accused persons who have since been acquitted one of the accused person Sankar @ Sibasankar Bisoi was on bail.
7. It is the submission of the learned counsel for the petitioner that the allegations qua the petitioner are more or less same as against the co-accused who faced trial and since they have been acquitted, further continuance of the petitioner in custody is unwarranted.
8. Learned counsel for the State opposes the prayer for bail and submits that the judgment in respect of the co-accused cannot be pressed into service inasmuch as the accusation in respect of the present petitioner has to be independently judged.
9. There is no cavil about the jurisprudence relating to consideration of a judgment in respect of the co-accused.
10. This Court independently examined the statements on record and on verification of the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Additionally, it is directed that the petitioner shall not leave the territorial jurisdiction of the learned Court in seisin without its express permission and shall appear before the jurisdictional police station once every week till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Page 2 of 2