Orissa High Court
Baburam @ Bikash Jena vs State Of Odisha on 3 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11140 of 2022
Baburam @ Bikash Jena .... Petitioner
Mr. U.C. Jena, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
03.03.2023
02. This matter is 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 of Cr.P.C.
for grant of bail to the petitioner in connection with
Bhadrak Town P.S. Case No.159 of 2020 corresponding to
S.T. Case No.40/73 of 2021 pending in the Court of
learned Addl. Sessions Judge, Bhadrak for alleged
commission of offences under sections 341/323/324/294/
326/307/379/506/34 of the Indian Penal Code.
The petitioner moved an application for bail before
the Court of Sessions Judge, Bhadrak, which was rejected
on 02.11.2022.
As per the order dated 15.12.2022, learned counsel
for the State has obtained instruction from the
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Superintendent, Biju Pattnaik Open Air Ashram, Jamujhari
wherein it is mentioned that the petitioner was convicted
by the learned Addl. Sessions Judge, Bhadrak in S.T. No.
28/46 of 2001 under section 302/34 of the Indian Penal
Code vide judgment and order dated 24.09.2004 and
sentenced to undergo R.I. for life and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
R.I. for one year more and he was released on premature
on 06.04.2017 as per the orders of the Government of
Odisha in Law Department.
Learned counsel for the petitioner submitted that
the petitioner was taken on remand in this case on
23.12.2020 and his earlier bail application in BLAPL No.
2928 of 2021 was rejected as per the order dated
06.09.2021 and liberty was granted to the petitioner to
renew the prayer for bail after examination of the injured
and other eye witnesses in the learned trial Court. Learned
counsel further submitted that in the meantime the
injured witness namely, Aparesh Kumar Jena has been
examined as P.W.6 in the learned trial Court and in view
of the period of detention of the petitioner in judicial
custody and progress of trial, the bail application of the
petitioner may be favourably reconsidered.
Learned counsel for the State opposed the prayer
for bail and placed the evidence of P.W.6.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial so far and taking
into account the period of detention of the petitioner in
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judicial custody, I am inclined to reconsider the prayer for
bail and direct release him 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 further conditions as
the learned Court may deem just and proper including the
conditions that the petitioner shall appear before the
learned trial Court on each date to which case would be
posted for trial, shall not indulge in any criminal activities
and shall appear before the Inspector in-charge of
Bhadrak Town police Station once in a week in between
10.00 a.m. to 4.00 p.m. till conclusion of trial.
Violation of any of the conditions shall entail
cancellation of bail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
