Allowed

Dhanu Sahu v. State of Odisha

Orissa HC15 Sept 2020CRLA/353/2020

Case brief

AI extract

What is this about?

In an appeal under section 14-A of the SC & ST (POA) Act against the rejection of a bail application, the Single Judge observed that the appellant was not named in the dying declaration and specific overt acts were alleged against the co-accused. Considering these factors, the Judge released the appellant on bail.

What did the court decide?

The appellant is released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.

Dhanu Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CRLA No.353 of 2020

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Dhanu Sahu …… Appellant -Versus1. State of Odisha 2. Paluni Dalei …… Respondents

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15.09.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the appellant and learned counsel for the State. None appears for the respondent no.2.

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with Special G.R. Case No.12 of 2020 arising out of Buguda P.S. Case No.84 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Bhanjanagar for offences punishable under sections 302/120-B of the Indian Penal Code read with sections 25(1-B)(a)/27 of the Arms Act and section 3(2)(v)(va) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Bhanjanagar which was rejected on 03.06.2020.

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Learned counsel for the appellant submitted that the appellant is in judicial custody since 24.04.2020 and he has been charge sheeted under sections 302/120-B of the Indian Penal Code read with sections 25(1-B)(a)/27 of the Arms Act and section 3(2)(v)(va) of the SC & ST (POA) Act. He further submitted that the

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occurrence in question took place on 04.04.2020 and the F.I.R. was lodged on 08.04.2020 and as per the dying declaration of the deceased, co-accused Muna @ Arjuna Kar fired gun shot at him which was the cause of death of the deceased as per post mortem report. He further submitted that in the dying declaration, the appellant has not been named by the deceased and therefore, the bail application may be favourably considered.

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Learned counsel for the State on the other hand placed the statement of one Gadadhar Nanda who is a post occurrence witness and stated to have seen the petitioner in the company of the main accused Muna @ Arjuna Kar after the occurrence. He further submitted that there is no criminal antecedent against the appellant.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant and since in the dying declaration, the appellant has not been named as an accused and specific overt act has been alleged against the co-accused Muna @ Arjuna Kar, taking into account the period of detention of the appellant is in judicial custody, I am inclined to release the appellant on bail.

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Let the appellant 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 amount to the satisfaction of the Court in seisin over the matter with further terms and

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conditions as the learned Court may deem just and proper.

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Accordingly, the CRLA 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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Sisir

Dhanu Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhanu Sahu 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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