Allowed

Dushasan Sahoo v. State of Odisha

Orissa HC19 Dec 2019BLAPL/2785/2019

Case brief

AI extract

What is this about?

This bail petition for an accused charged with murder and child murder was allowed. The High Court granted bail noting that vital witnesses had turned hostile and no material suggested an absconding risk, while explicitly avoiding an expression of opinion on the merit of the evidence.

What did the court decide?

Petitioner is released on bail in C.T. Case No.85 of 2018 arising out of Khamar P.S. Case No.64 of 2018 on terms to be fixed by court.

Dushasan Sahoo Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2019)

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BLAPL No.2785 of 2019

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5. 19.12.2019

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The petitioner being in custody in C.T Case No.85 of 2018, arising out of Khamar P.S. Case No.64 of 2018, pending in the court of the learned Addl. Sessions Judge, Talcher has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 302/201 of I.P.C.

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Learned counsel for the petitioner submits that the petitioner being indicted in killing her girl child earlier approached this Court, but the same was rejected vide order dated 28.1.2019 passed in BLAPL No.7024 of 2018 considering the nature of accusation and character of evidence. But in the meanwhile, the wife of the petitioner and his both parents, who had indicted the petitioner and are vital witnesses, during their examination, turned hostile and did not support the prosecution case. In such premises, he submits to release the petitioner on bail as there is bleak chance of conviction.

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However, learned counsel for the State vehemently opposes the prayer for bail, advancing the submission that any appreciation of such evidence to consider the bail would result in pre-judging the case and as such, this Court should not appreciate the same for release the petitioner on bail. According to the State Counsel, the petitioner has been indicted for killing her daughter as she was a girl child and this Court had earlier rejected the prayer made on merit considering the same. The petitioner, therefore, does not deserve to be released on bail.

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Regard being had to the aforesaid facts and submissions made and taking note of the fact that the material witnesses have been examined and hardly any material being there to suggest that the petitioner is likely to abscond and/or tamper with the prosecution evidence, if released on bail, without expressing any opinion on the merit of the evidence of the witnesses, this Court directs that the petitioner be released on bail in the aforesaid case on such terms and conditions as the court in seisin over the matter deem it fit and proper.

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Accordingly, the BLAPL stands disposed of being allowed.

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Issue urgent certified copy as per rules.

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………………… S.Pujahari, J.

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PKS

Dushasan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dushasan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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