Orissa High Court
Prasan Kumar Patra vs State Of Odisha (Opid) .... Opp. Party on 2 September, 2022
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5982 of 2022
Prasan Kumar Patra .... Petitioner
Mr. A.K. Das, Advocate
-versus-
State of Odisha (OPID) .... Opp. Party
Mr. Bibekananda Bhuyan,
Mr. J.P. Patra
Special Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 02.09.2022
02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard Mr. Ashwini Kumar Das, learned counsel for the petitioner and Mr. Bibekananda Bhuyan and Mr. J.P. Patra, learned Special Counsel for the State of Odisha in O.P.I.D. Act matter.
This is an application under section 439 of Cr.P.C. in connection with E.O.W. Bhubaneswar P.S. Case No.17 of 2018 corresponding to C.T. Case No.14 of 2018 pending in the Court of learned Presiding Officer, Designated Court under the OPID Act, Cuttack for offences punishable under sections 420/406/467/ 468/471/120-B of the Indian Penal Code read with section 6 of the O.P.I.D. Act.
// 2 // The petitioner moved an application for bail before the Court of learned Presiding Officer, Designated Court under the OPID Act, Cuttack which was rejected on 24.06.2022.
It is not disputed at the Bar that the petitioner is in judicial custody since 07.08.2018 and thus, he has remained in custody for more than four years. It is also not disputed that this Court rejected the bail application of the petitioner on merit in BLAPL No.8813 of 2019 as per order dated 23.08.2021 which was confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No(s).8858 of 2021 as per order dated 15.12.2021, however, on perusal of the said order, it indicates that there was a direction to the learned trial Court to complete the trial within a period of six months from that day and liberty was granted to the petitioner to renew the prayer for bail, if the trial not completed within the said period.
Status report submitted by the learned trial Court dated 04.08.2022 indicates that ten witnesses have been examined so far by the prosecution and the case is now posted for examination of three witnesses i.e. P.Ws.3, 9 and 10 on recall on the application filed by the learned defence counsel and the total number of charge sheet witnesses is ninety five.
Mr. Bibekananda Bhuyan, learned Special Counsel appearing for the State of Odisha in O.P.I.D. Act matter being assisted by Mr. J.P. Patra fairly Page 2 of 4 // 3 // submitted that the prosecution may not examine all the ninety five charge sheet witnesses and may decline some witnesses whose evidence are type of repetition and further submitted that the petitioner has got no criminal antecedent.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody for more than four years, the slow progress of the trial so far, the fact that the order of the Hon'ble Supreme Court dated 15.12.2021 in directing the learned trial Court to conclude the trial within a period of six months has not been carried out, I am inclined to release the petitioner 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 the three months period.
For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.2,00,000/- (rupees two lakh) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that while on interim bail, the petitioner shall not try to tamper with the evidence, shall appear before the learned trial Court Page 3 of 4 // 4 // on each date to which the case would be posted for trial and shall not indulge in any criminal activities in any manner. The petitioner shall not leave the territorial jurisdiction of the learned trial Court without seeking prior permission of the concerned Court.
Violation of any of the terms and conditions shall entail cancellation of interim bail.
Accordingly, the BLAPL is disposed of. A free copy of this order be handed over to Mr. Bibekananda Bhuyan, learned Special Counsel appearing for the State of Odisha.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM Page 4 of 4