Single judge rejected bail application in murder and arms case, citing gravity of charges, lack of changed circumstances, and incomplete examination of eye witness as no grounds for reconsideration.
Bail application rejected; liberty to renew prayer after examination of eye witness granted.
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BLAPL No.5437 of 2020
Prasanta Behera @ Johny … Petitioner
-Versus-
State of Odisha
This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.21 of 2020 arising out of Sahadevkhunta P.S. Case No.257 of 2018 pending in the Court of learned Sessions Judge, Balasore for offences punishable under sections 302/34 of the Indian Penal Code read with sections 25/27 of the Arms Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Balasore which was rejected on 22.06.2020.
Earlier the bail application of the petitioner in BLAPL No. 4305 of 2019 was rejected as per order dated 11.09.2019 and the petitioner was given liberty to renew his prayer for bail before the learned trial Court after examination of the eye witness Babula @ Sanjaya Behera. As per the order dated 06.02.2020, the status report was called for and as per the report dated 24.09.2020 of the learned trial Court, charge has been framed on 06.10.2020. Therefore, even though the said eye witness has not been examined, the petitioner has rushed to this Court for bail. In view of the nature and gravity of accusation and absence of any changed circumstances, I am not inclined to reconsider the prayer
for bail.
Accordingly, the BLAPL stands rejected. The learned trial Court shall take expeditious steps for examination of the aforesaid eye witness and the petitioner would be at liberty to renew his prayer for bail thereafter.
…………………..…… S.K. Sahoo, J.
P
1 issue framed by the court
Whether bail should be granted given the gravity of the accusation and the lack of changed circumstances.
3 provisions across 3 enactments
Prasanta Behera @ Johny
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
