Milan Naik v. State of Odisha
Case brief
What is this about?
Single Judge ordered bail rejected in a robbery case where petitioner was identified in TID Parade, allowed renewal after witness examination.
What did the court decide?
Bail prayer rejected; liberty to renew after examination of identifying witness.
What the court decided
BLAPL No. 4970 of 2020
MILAN NAIK … PETITIONER
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
- 17.11.2020 The matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dhenkanal Town P.S. Case No. 05 of 2020 corresponding to G.R. Case No. 12 of 2020 pending in the Court of learned S.D.J.M., Dhenkanal for alleged commission of offence under section 395 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge-cumSpecial Judge, Dhenkanal by order dated 26.06.2020.
Since it is a case under section 395 of the Indian Penal Code and the petitioner has been identified in the Test Identification Parade, I am not inclined to release the petitioner on bail. However, the petitioner is at liberty to renew his prayer for bail after examination of the identifying witness in the trial Court.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner in a case under section 395 IPC where the petitioner was identified in the Test Identification Parade.
Whether the petitioner is eligible for a renewal of bail prayer after examination of the identifying witness.
What relief is appropriate in a bail application rejected by the lower court implicating a robbery case.
Parties & counsel
- petitioner
MILAN NAIK
- respondent
STATE OF ODISHA
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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