Orissa High Court
Chainu Bhoi vs State Of Odisha … Opposite Party on 21 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6099 of 2024
Chainu Bhoi ... Petitioner
Ms. A. Ray, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
21.04.2025
Order No.
08. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application U/S.439 of CrPC by the
petitioner for grant of bail in connection with Badmal PS
Case No.43 of 2016 arising out of GR Case No.487 of
2016 now registered as ST Case No.48 of 2016,
pending in the Court of learned Sessions Judge,
Jharsuguda, for commission of offences punishable U/S.
341/323/294/302/506/201/34 of IPC, on the allegation
of committing murder of one Naresh Bhoi by severing
his head along with co-accused persons.
3. Heard, Ms. Agnisikha Ray, learned counsel for
the petitioner, and Mr. M.K. Mohanty, learned
Additional Public Prosecutor in the matter and perused
the record.
4. It is, however, brought to the notice of the
Court that the present Petitioner has been detained in
custody since 28.03.2016, but the trial is yet to be
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concluded and only 21 out of 34 charge-sheeted
witnesses have been examined as on 22.11.2024. Right
to speedy trial is the fundamental right of an accused,
but in this case, the Petitioner has already been
detained in custody for more than 9 years. Keeping an
accused person in confinement for more than 9 years
without the trial being concluded would certainly be an
infringement to his right to speedy trial.
5. In view of the aforesaid facts and after having
considered the rival submissions and taking into the
long custody period of the Petitioner and release of co-
accused persons on bail in BLAPL No.6588 of 2016, this
Court without expressing any view on merits admits the
Petitioner to bail.
6. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on
bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) only with two solvent sureties each for
the like amount to the satisfaction of the learned Court
in seisin of the case on such terms and conditions as
deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any
offence while on bail,
(ii) the petitioner in the course of trial
shall attend the trial Court on each date of
posting without fail unless her attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordance
with the terms of the bail, the learned
trial Court may proceed against the
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Petitioner for offence U/S.269 of
BNS,2023 in accordance with law and
(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating her present address of
stay to the concerned Court.
(iv) the petitioner shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six (06) months from the actual
date of release from the custody.
The IIC of Jurisdictional Police Station shall not
detain the petitioner unnecessarily after recording his
attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioner
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation
of bail is otherwise made out. In the wake of aforesaid,
the subsequent involvement of the petitioner in future
for similar/grave offences on prima facie accusations
may be treated as a ground for cancellation of bail in
this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Signature Not Verified
Rules.
Digitally Signed
Signed by: JAYAKRUSHNA DASH
Reason: Authentication (G. Satapathy)
Location: High Court of Orissa, Cuttack
Date: 22-Apr-2025 10:57:23 Judge
Jayakrushna
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