Katia @ Satyajit Sur vs State Of Odisha ... Opposite Party
2024 Latest Caselaw 10133 Ori

Orissa High Court

Katia @ Satyajit Sur vs State Of Odisha ... Opposite Party on 18 June, 2024

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               BLAPL No. 5718 of 2024

                 Katia @ Satyajit Sur            ...                 Petitioner
                                                  Mr. S. Mohapatra, Advocate

                                           -versus-

             State of Odisha                     ...            Opposite Party
                                                       Mr. S.K. Mishra, ASC

                                CORAM: JUSTICE V. NARASINGH
                                         ORDER

18.06.2024 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with S.T. Case No.236 of 2024 pending on the file of learned Addl. District & Sessions Judge, Balasore, arising out of Kamarda P.S. Case No.75 of 2020 for commission of offence alleged under Section 302/34 of IPC.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Balasore, by order dated 21.05.2024 in the aforementioned cases, the present BLAPL has been filed.

5. Admittedly, the Petitioner absconded and the co-accused who faced trial have since been acquitted by the judgment dated 01.03.2024 passed by the learned Trial Court in S.T. Case No.361 of 2022.

6. Pursuant to the order passed by this Court dated 15.05.2024 in CRLMC No.1673 of 2024 at the instance of the Petitioner, he surrendered on 15.05.2024 and was remanded to custody.

7. Referring to the judgment of acquittal, it is submitted by the learned counsel that further continuance of the Petitioner in custody is unwarranted.

8. Such submission is opposed by the learned counsel for the State referring to the order of rejection.

9. It is his further submission that the Petitioner cannot rely on the deposition of the witnesses who have been examined since they were in respect of the accused who was in custody.

10. There is no cavil about such proposition of law.

11. Learned counsel for the Petitioner invited the attention of this Court to paragraph-7 of the judgment referring to the statements of the alleged eyewitnesses P.W.3 and P.W.14 who have not supported the prosecution.

12. Taking into account the nature of allegation and the acquittal of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

13. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such

date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

14. Accordingly, the BLAPL stands disposed of.

15. Urgent certified copy of this order be granted as per the rules.

                                                                               (V. NARASINGH)
                     Ayesha                                                         Judge







Designation: Junior Stenographer

Location: High Court of Orissa
Date: 20-Jun-2024 10:46:56