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S. K. SAHOO
Gopinath Khillo – 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 Semiliguda P.S. Case No.109 of 2019 corresponding to T.R. Case No.31 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput for offences punishable under sections 20(b)(ii)(C)/25 of the N.D.P.S Act.
4. The petitioner moved an application for bail before the Court of Addl. Sessions Judge -cum-Special Judge, Koraput, which was rejected on 12.09.2022.
5. Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 11.11.2019 and earlier he was granted interim bail for a period of three months in BLAPL No. 5146 of 2021 as per order dated 08.04.2022 and after availing the same, he surrendered at right time. It is further submitted that the petitioner is local man and there is no chance of his absconding. He further submitted that in the learned trial Court, there is no progress in the trial and in view of delayed disposal of the
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 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 period of detention and slow progress of the trial, even if not inclined to grant bail on merit.
The court has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to make interim bail absolute based on the filing of the response and supplementary charge-sheet.
The court's decision on interim bail applications is influenced by the specific grounds presented in the bail applications and the nature of accusations in the FIR.
The court has the discretion to grant interim bail to an accused, subject to conditions to ensure their availability and prevent them from committing any offenses or intimidating witnesses.
Interim bail under Section 439 Cr.P.C. can be granted based on personal circumstances, but must consider the gravity of the offense.
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