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S. K. SAHOO
Soumya Ranjan Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
S.K. SAHOO J. - This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.391 of 2017 arising out of Aul P.S. Case No.123 of 2014 pending in the Court of learned Additional Sessions Judge - cum- Special Judge, Kendrapara for offences punishable under sections 147/148/341/294/ 506/302/109/120-B/149 of the Indian Penal Code read with section 27 of the Arms Act.
4. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.05.2017. He approached this Court last time in BLAPL No.2092 of 2018 and his bail application was rejected as per order dated 10.01.2019, the learned trial Court was directed to expedite the trial. In the meantime, only three witnesses have been examined and they have stated nothing against the petitioner and therefore, the bail application of the petitioner may be favourably considered.
5. Learned counsel for the State on verification of the case diary submitted that there are as many as thirteen charge witnesses. He further submitt
The court may grant interim bail considering the period of detention and slow progress of the trial, even if not inclined to grant bail on merit.
The court may grant interim bail considering the period of detention, absence of chance of tampering with evidence or absconding, and the progress of the trial, even if not inclined to release the pe....
The court may grant interim bail considering the slow progress of trial, the petitioner's compliance with earlier interim bail order, and the period of detention in judicial custody.
The court considered the nature of evidence, period of detention, absence of criminal antecedents, and change in circumstances as key factors in reconsidering the bail application.
The court considered the progress of the trial and the period of detention in judicial custody as factors in granting bail.
The court ruled bail should be granted when trial delays infringe on the right to personal liberty, provided conditions to prevent tampering with evidence are set.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
The court's consideration of the treatment of co-accused and the lack of support from prosecution witnesses in the bail application.
Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to ju....
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