Kartik Majhi v. State of Odisha

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 under section 439 Cr.P.C. in connection with Plantsite Rourkela P.S. Case No.177 of 2013 corresponding to S.T. Case No.24 of 2015 pending in the file of learned 2nd Additional Sessions Judge, Rourkela for alleged commission of offence under section 307/34 of the Indian Penal Code. The prayer for bail of the petitioner has been rejected by the learned 2nd Additional Sessions Judge, Rourkela vide order dated 05.06.2024. Learned counsel for the petitioner submitted that earlier the petitioner was released on bail by this Court but due to non-taking of steps, non-bailable warrant of arrest was issued against him and he was taken into judicial custody again on 16.04.2024 and since that date, he is in judicial custody. He further submits that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the State opposed the prayer for bail. Considering the submissions made by learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner. 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 further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. Judge ( S.K. Sahoo) RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Jun-2024 16:18:51