Allowed

Uma Shankar Joshi@Sibu v. State of Odisha

Orissa HC15 May 2019BLAPL/1186/2019

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning alleged offences of kidnapping and murder, the court considered petitioner's limited role and identification parade failure. The court was inclined to release the petitioner on bail after reviewing confessional statements and withdrawal submissions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 20,000 with two solvent sureties along with further terms and conditions.

Uma Shankar Joshi@Sibu Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No. 1186 of 2019

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I.A. No. 569 of 2019

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15.05.2019 Learned counsel for the petitioner wants to withdraw the I.A.

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Accordingly, the I.A. is disposed of as withdrawn.

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………………….. S. K. Sahoo, J.

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BLAPL No. 1186 of 2019

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15.05.2019 Mr. Jaydeep Pal and his associates, learned counsel enter appearance on behalf of the informant and file vakalatnama, which is taken on record.

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

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.758 of 2018 arising out of Nabarangpur P.S. Case No.221 of 2018 pending in the Court of learned S.D.J.M., Nabarangpur for alleged commission of offences punishable under sections 363/364A/307/343/120-B of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Nabarangpur which was rejected on 22.01.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 04.01.2019 and charge sheet has been submitted under sections 363/364A/307/343/120-B of the Indian Penal Code read with sections 25 and 27 of the Arms Act. It is contended that the

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petitioner has neither participated in the kidnapping nor assaulting the victim Sadasiva Sahu. As per the confessional statement of co-accused before police and the petitioner’s confession before police, he intimated the co-accused persons from time to time prior to the date of occurrence about the movement of the victim which facilitated the accused persons to kidnap the victim and therefore, the bail application may be favourably considered.

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Perused the statement of Sadasiva Sahu as well as his medical examination report.

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skb

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Learned counsel for the State as well as learned counsel for the informant fairly submitted that the petitioner’s role is very limited and that he intimated the co-accused persons about the movement of the victim.

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Learned counsel for the State also submitted that the T.I. parade was conducted in which the identifying witness Sadasiva Sahu failed to identify the petitioner.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the role played by the petitioner as well as taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like

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amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Uma Shankar Joshi@Sibu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Uma Shankar Joshi@Sibu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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