Orissa High Court
Pitambar Sahoo vs State Of Odisha .... Opp. Party on 12 April, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2617 of 2024
Pitambar Sahoo .... Petitioner
Mr. B.P.B. Bahali, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.04.2024
01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Lalbag P.S. Case No.294 of 2020 corresponding to Sessions Trial Case No.06 of 2023 pending in the Court of learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Cuttack for offences punishable under sections 411/409/120- B/420/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 2nd Additional Sessions Page 1 of 3 Judge, Cuttack, which was rejected on 22.01.2024.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.11.2020 and he has been charge sheeted under sections 411/409/120-B/420/34 of the Indian Penal Code and similarly situated co-accused, namely, Saroj Kumar Prusty has already been released on bail and on the ground of parity and equity, the bail application of the petitioner may be favourably considered.
Learned counsel for the State after verification of the case records fairly submitted that the petitioner is similarly situated like the co-accused, who has been enlarged on bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of petitioner in judicial custody, the slow progress of the trial, release of the co-accused on bail and the fact that the offences are triable by Magistrate, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty 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 Page 2 of 3 proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail.
Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Apr-2024 16:46:09 Page 3 of 3