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S. K. SAHOO
Tuna @ Sanatan Munda – 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 petitioners 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.08-01 of 2020 arising out of Deogarh P.S. Case No.174 of 2019 pending in the Court of learned Additional Sessions Judge, Deogarh for offences punishable under sections 341/323/307/302/ 201/120-B/34 of the Indian Penal Code.
4. The petitioners moved an application for bail before the Court of learned Additional Sessions Judge (I/c), Deogarh, which was rejected on 21.04.2022.
5. Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 12.10.2019 and earlier the petitioners approached this Court for bail in BLAPL No.7503 of 2020 which was rejected as per order dated 31.03.2021, however, liberty was granted to the petitioners to renew their prayer for bail after examination of the material witnesses in the trial Court.
6. Learned counsel for the petitioners submitted that out of thirty three charge sheet witnesses, nine witnesses have been examined in the trial Court and except
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 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 considered the lack of support from key witnesses, absence of corroboration for the dying declaration, and the petitioner's period of detention in judicial custody in granting bail.
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.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
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's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.
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