Orissa High Court
Kishore Chaudhury @ Dalei vs State Of Odisha .... Opposite Party on 1 March, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 608 of 2023
Kishore Chaudhury @ Dalei .... Petitioner
Mr. P.C. Jena, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
Mr. S.R. Das, Adv.(Informant)
CORAM: JUSTICE V. NARASINGH
ORDER
01.03.2023 Order No.
03. 1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
2. The petitioner is an accused in connection with G.R. Case No.89(A) of 1999, pending in the file of the learned J.M.F.C., Bhapur, arising out of Fategarh P.S. Case No.40 of 1999, for alleged commission of offences under Sections 326/324/307/427/120-B/34 of IPC read with Section 9(b) of I.E. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Khandapara, by order dated 10.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner was taken into custody on 01.01.2023.
5. It is submitted by the learned counsel that charge sheet has been filed on 05.10.2001 showing the petitioner as an absconder.
Page 1 of 26. It is brought to the notice of this Court in the split up case the co-accused faced trial and, the learned Adhoc Additional District & Sessions Judge, Fast Track Court, Nayagarh acquitted the co-accused by judgment dated 25.08.2004 passed in S.T. Case No.59/488 of 2004/03. Hence, it is submitted that the petitioner may be released on bail.
7. Copy of the said judgment submitted by the learned counsel for the petitioner is taken on record.
8. Learned counsel for the State and the informant submit that the petitioner has been absconding for over two decades, Hence, he ought not to be released on bail merely because of acquittal of the co-accused.
9. There is no quarrel about legal proposition that the order of acquittal will not ennure to the benefit of the accused, who has not faced trial.
10. Taking into account the age of the petitioner (55 years), this Court directs him to be released on bail on such terms to be fixed by the Court in seisin over the matter.
11. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial and shall not leave the territorial jurisdiction without its specific permission. 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