Mangal Sinku & Anr. v. State of Odisha
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 302, 307
- Odisha Prevention of Witch Hunting Act, 2013 s. 4(1)
Judgment
…. Petitioners Mr. P.S. Das, Advocate State of Odisha …. Mr. K.K. Das, Additional Standing Counsel Opposite Party CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 7.8.2024 Order No.
The matter is taken up through hybrid mode.
Heard Mr. P.S. Das, learned counsel for the Petitioners and Mr. K.K. Das, learned Additional Standing Counsel for Opposite Party - State.
This order arises out of an application filed under Section 439 Cr.P.C. for grant of bail to the Petitioners Mangal Sinku and Satari Munda in connection with Nayakote P.S. Case No.35 of 2017, corresponding to S.T. Case No.8/133 of 2019-17 pending in the file of learned Addl. Sessions Judge, Keonjhar for alleged commission of offence under Sections 302/307/34 of the Indian Penal Code read with Section 4(1) of the Odisha Prevention of Witch Hunting Act, 2013.
It is submitted on behalf of the Petitioners that they are inside custody since 10th August, 2017 and the trial is still awaiting completion.
A report was called for from the trial court by order dated 26th July, 2024 of this court. Learned trial judge in his report has stated that 17 witnesses out of 20 charge-sheet named witnesses have already been examined in the meantime and one witness is dead. It is further stated that trial was delayed due to non-attendance of witnesses and now it is fixed to 29th August, 2024 for evidence of investigating officers.
Upon hearing Mr. Das, learned ASC for State and considering the period of detention of the Petitioners inside custody vis-à-vis delay in completion of trial, it is directed to release both the Petitioners on bail in the above mentioned case on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the condition that the Petitioners shall attend the trial court on each date fixed.
The BLAPL is accordingly disposed of.
An urgent certified copy of this order be issued as per rules. M.K. Panda (B.P. Routray) Judge Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 08-Aug-2024 16:07:56
Precedent status how later indexed judgments have treated this case
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