NISHIKANTA KARAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement (virtual / physical mode).

(2.) This is the successive journey of this Petitioner, who is in custody in connection with S.T. Case No.2/23 of 2021 corresponding to G.R. Case No.910 of 2010 arising out of Brahmagiri P.S. Case No.101 of 2010 pending on the file of the learned 1st Additional Sessions Judge, Puri running for the alleged commission of offence under Sec. -147/ 148/ 302/ 307/ 326/ 324/323/294/427/379/149 of the I.P.C. read with Sec. 25 and 27 of the Arms Act and Sec. 9(b) of the Indian Explosive Act in filing this application for grant of bail in the above mentioned case.

(3.) Learned Senior Counsel for the Petitioner at the outset instead of pressing the prayer for grant of regular bail to the Petitioner confines his submission for grant of interim bail to the Petitioner for some period. He submits that the Petitioner being arrested in the case is in custody since 5/9/2020 and despite detention of the Petitioner, out of twenty-one (21) charge-sheeted witnesses by now only five prosecution witnesses have been examined. He further submits that the Petitioner being on interim bail on earlier occasion, his conduct has never been found to be adverse and he has never misutilized the liberty. It is submitted that for such non-conclusion of trial and detention of the Petitioner, his family members who have somehow managed to run till now are no more in a position to continue further without assistance of the Petitioner and for that his presence at home for some period is absolutely necessary. In view of the above, he urges for grant of interim bail to the Petitioner for four months so that he can do the needful for properly defending himself in the trial.