GOURANGA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD .

(2.) BOTH the applications are Under Section 439(2), Cr.P.C. for cancellation of bail granted to the opposite party Nos. 2 to 17 in Crl. Misc. Case No. 3242 of 1999 and opposite party Nos. 2 and 3 in Crl. Misc. Case No. 4539 of 1999 is with respect to bail granted to the accused persons in G.R. Case No. 2667 of 1999 of the Court of S.D.J.M., Puri arising out of Brahmagiri P.S. Case No. 26 of 1999 involving the offences Under Sections 147, 148, 302/149, I.P.C. Both the applications are heard analogously and disposed of by this common order which shall abide the result in both the cases.

(3.) THIS Court observes that when the offence alleged against the said opposite party No. 2 (Susanta) prirna facie makes out an offence Under Section 302, I.P.C. for killing an innocent woman and when after investigation charge -sheet had already been filed, mere detention of the opposite party No. 2 in jail custody for about six months could not have been regarded as a valid or compelling reason to allow the said opp. party No. 2 to go on bail in the above noted manner. Court of Session being posted with senior Judicial Officers should adjudicate bail application with due regard to the nature and gravity of the offence, the manner in which it was committed, the punishment prescribed for the offence, the facts and circumstances relating to the occurrence vis -a -vis personal liberty of the accused. Without making due consideration of all such relevant facts order on a bail application is hazardous. It is hoped that learned 1st Addl. Sessions Judge, Puri shall make due consideration of such aspects while considering bail applications in future. A copy of this order be communicated to the concerned presiding officer for his guidance.