Allowed

Kandha@Dinesh@Basaanta Pattnaik v. State of Odisha

Orissa HC13 Aug 2018BLAPL/3280/2018

Case brief

AI extract

What is this about?

The High Court granted bail to a petitioner charged with murder under sections 302/201 IPC. After six and a half years in custody, considering circumstantial evidence, incomplete prosecution case, and long detention without other impediments, the court ordered release with appropriate conditions.

What did the court decide?

Petitioner to be released on bail with such terms and conditions as deemed proper, ensuring appearance on each date of posting.

Kandha@Dinesh@Basaanta Pattnaik Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2018)

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BLAPL No.3280 of 2018

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13.08.2018 The petitioner, being in custody in Air Field P.S. Case No.09 of 2012 corresponding to Crl. Trial No.81/10/73 of the year 2013/2012 pending in the court of the learned Additional Sessions Judge, Bhubaneswar for the alleged commission of offence under sections 302/201 of IPC and, has filed this application under section 439, Cr.P.C. for his release on bail.

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The petitioner having earlier moved this Court in BLAPL No. 24661 of 2013 had taken the liberty to move the trial court afresh. That BLAPL had been disposed of on 26.02.2014.

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Heard learned counsel for the petitioner and learned counsel for the State.

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Learned counsel for the petitioner submits that the case is based on circumstantial evidence and although the petitioner has by now remained in custody for more than six and half years, the prosecution has not been able to even complete the examination of half of charge-sheet witnesses when out of 25 number of charge-sheet witnesses, the trial has taken the halt after examination of 12 number of the witnesses. He fairly submits that except two witnesses who have said about the deceased being last seen with the petitioner; other important witnesses examined have not stated anything in support of the prosecution case. He further submits that the petitioner, being a resident of the State, hardly there remains any scope on his part to flee from justice and he being not a person of the locality from which the left out witnesses hail, there remains no scope on his part to influence the trial in any way. In view of all these, he urges for grant of bail to this petitioner.

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= 2 =

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Learned State counsel opposes the move. He submits that evidence is there on record to show that the petitioner was bearing grudge against the deceased and the motive has thus been established. He further submits that although some important witnesses have not supported the prosecution case, at least other two witnesses yet to be examined are likely to throw light in implicating the petitioner with the commission of offence.

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Considering the submissions made and on going through the materials available on record; keeping in view the nature of accusation against the petitioner as well as the surrounding circumstances including the long period of detention of the petitioner in custody, in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with a further condition that he will appear before the said court on each date of posting.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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…………………..

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D. Dash,J.

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Basu

Kandha@Dinesh@Basaanta Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kandha@Dinesh@Basaanta Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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