PRASANT KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner in this application under Section 439 Code of Criminal Procedure has approached this Court for the second time for grant of bail. He is a co-accused in C.T. Case No. 1 of 2009 corresponding to G.R. Case No. 1991 of 2007 arising out of Saheednagar P.S. Case No. 155 of 2007 now pending trial in the court of the learned Sessions Judge, Khurda at Bhubaneswar. Accusation of commission of offence under Sections 364A/302/201/120B IPC read with Sections 25 and 27 of the Arms Act has been made against the accused persons.

(2.) This Court earlier, while dealing with the prayer for bail made by the Petitioner in BLAPL No. 5766 of 2008, by order dated 18.6.2008 taking note of the allegations made by the prosecution recorded as follows:

(3.) Mr. J. Patnaik, learned senior counsel appearing for the Petitioner vehemently urged that the Petitioner has remained in custody since more than two years as alleged by the Petitioner. He further submitted that in connection with the self-same offence, another case was lodged in Bolangir Town Police Station, registered as G.R. Case No. 33 of 2008, in which, the witness Prabhat Nath, who is alleged to have implicated the Petitioner in this case, gave a statement under Section 164 Code of Criminal Procedure before the Magistrate on 28.10.2007 where, he has not implicated the Petitioner and the Petitioner has been granted bail in the said case. Mr. Patnaik further submitted that other cogent grounds for passing an order in favour of the Petitioner by releasing him on bail are that in the meantime, the three witnesses, whose statements were relied upon for rejecting the previous prayer for bail made by the Petitioner in order dated 18.6.2008 in BLAPL No. 5766 of 2008, i.e., Prabhat Nath, Prasant Kumar Mohapatra and Pradip Kumar Mohapatra, have been examined in the meantime during the course of trial of the sessions case. The said witnesses have not implicated the Petitioner with the alleged offence in any manner. The other ground canvassed on behalf of the Petitioner is that, three of the co-accused persons, namely, Amit Kumar Choudhury, Gayatri Biswal and Jajati Keshari Biswal have been directed to be released on bail by this Court in BLAPL Nos. 9569 of 2008, 4670 of 2009 and 275 of 2009 respectively.