An accused person is entitled to bail if there is no clinching evidence against him, even if the trial has commenced.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.323 of 2022

Mitu Swain @ Munda

….

Appellant

Mr. S.K. Rout, Advocate

-versus-

State of Odisha & another ….

Respondents

Mr.Rajesh Tripathy,

Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

10.01.2023

03.

This matter is taken up through Hybrid Arrangement

(Video Conferencing/Physical Mode).

Learned counsel for the State submitted that notice

issued to respondent no.2 has been made sufficient.

None appears for the respondent no.2.

Heard learned counsel for the appellant, learned

counsel for the State.

This is an appeal under section 14-A of S.C. & S.T.

(PoA) Act, 1989 in connection with C.T. (Special) Case

No. 74 of 2016 arising out of Dhenkanal Sadar P.S. Case

No.475 of 2015 pending in the Court of learned Judge,

Special Court, Dhenkanal for offences punishable under

sections 302/201/34 of the Indian Penal Code read with

section 3(2)(v) of the S.C. & S.T. (PoA) Act.

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Page 2 of 3

The appellant moved an application for bail before

the Court of learned Judge, Special Court, Dhenkanal,

which was rejected on 18.12.2021.

Learned counsel for the appellant submitted that

the appellant is in judicial custody since 09.01.2016 and

he has been charge sheeted under sections 302/201/34

of the Indian Penal Code read with section 3(2)(v) of the

S.C. & S.T. (PoA) Act. Learned counsel further submitted

that the occurrence in question took place on 23.12.2015

and there are no eye witnesses to occurrence. It is

further submitted that the trial has already commenced

and fifteen charge sheet witnesses have already been

examined out of thirty three charge sheet witnesses, but

no clinching evidence has come out against the appellant

and therefore, the bail application may be favourably

considered.

Learned counsel for the State, who was supplied

with the deposition copies of the witnesses, submitted

that P.Ws. 5, 6 and 7 have stated about the last seen of

the appellant and the co-accused in the company of the

deceased Keshab Sethi and P.Ws.9 and 10 have stated

about the extra judicial confession made by the co-

accused Lulup Behera.

Perused the deposition copies of the witnesses.

Considering the submissions made by the learned

counsel for the respective parties, nature of evidence

adduced so far in the learned trial Court and taking into

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Page 3 of 3

account the period of detention of the appellant in

judicial custody and the progress of the trial so far, I am

inclined to release the appellant on bail.

Let the appellant be released on bail in the

aforesaid case on furnishing a 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.

The CRLA is accordingly disposed of.

Issue urgent certified copy of this order on proper

application.

( S.K. Sahoo)

Judge

PKSahoo