Sadananda Naik v. State of Odisha
Case at a glance
- Bench
- S K SAHOO
Outcome
Bail granted
Let the petitioner be released on bail in the
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 147, 148, 149, 201, 302, 342
Judgment
Mr. O.P. Saran, Advocate -versus- State of Odisha …. Opp. Party Mrs. Sushamarani Sahoo, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO ORDER 12.07.2024 This matter taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. This is an application for bail under section 439 of Cr.P.C. in connection with Dhenkanal Sadar P.S. Case No.51 of 2015 corresponding to C.T. Sessions Case No.321 of 2023 pending in the file of learned Sessions Judge, Dhenkanal for alleged commission of offences under sections 147/148/342/302/201/149 of the Indian Penal Code. The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Dhenkanal vide order dated 19.12.2023. Learned counsel for the petitioner appearing through Virtual High Court, Dhenkanal submitted that the petitioner is in judicial custody since 19.11.2023 and he has been charge sheeted for the offences under sections 147/148/302/201/149 of the Indian Penal Code and the occurrence in question took place on 06.02.2015. Learned counsel further submitted that though Brahmananda Naik and Sujata Naik are the eye witnesses to the occurrence, but have been examined as P.W.7 and P.W.10 and none of them have supported the prosecution case and some of the co-accused persons have already been released on bail and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the State opposed the prayer for bail on the ground that the case is of the year 2015 and the petitioner was an absconder and he was taken into judicial custody recently on
Operative part
19.11.2023 and placed the evidence of P.W.7 and P.W.10. Considering the submissions made by the learned counsel for the respective parties, the evidence adduced by the two eye witnesses to the occurrence during trial and taking into account the period of detention of the petitioner in judicial custody, 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/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. Judge ( S.K. Sahoo) Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Jul-2024 12:07:21
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail in the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 147, 148, 149, 201, 302, 342.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.