Allowed

Kunthia @ Harishch Pradhan @ Harish Chandra Pradhan v. State of Odisha

Orissa HC12 Nov 2021ABLAPL/4783/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of three joint pre-arrest bail applications filed by persons accused in Basta P.S. Case No.102 of 2021, allegedly under IPC sections 302/34. Considering co-accused releases and low absconding risk, the court permitted pre-arrest bail upon surrender within six weeks and directed allowance of bail on terms. The court also authorized police interrogation post-release

What did the court decide?

Pre-arrest bail applications allowed on terms: surrender before the Court in seisin within six weeks, followed by motion for bail.

Kunthia @ Harishch Pradhan @ Harish Chandra… — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK ABLAPL No.4783 of 2021

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Kunthia @ Harishch Pradhan @ Harish Chandra Pradhan … Petitioner -VersusState of Odisha … Opp. Party ABLAPL No.9299 of 2021 Bikash Kumar Rout & others … Petitioners -VersusState of Odisha … Opp. Party ABLAPL No.12163 of 2021 Sania @ Hemanta Kamila … Petitioner -VersusState of Odisha … Opp. Party CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI ORDER 12.11.2021

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Order No.

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Since the aforesaid applications having arisen out of Basta P.S. Case No.102 of 2021, they are heard together through Hybrid Mode and disposed of by this common order on consent of the parties.

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The Petitioners apprehending their arrest in Basta P.S. Case No.102 of 2021, registered for alleged commission of offence punishable under Sections 302/34 IPC have filed the petitions for their release on pre-arrest bail.

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Heard learned counsel for the Petitioners and learned counsel for the State.

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The allegation of the prosecution is that a theft was committed while opera was being staged in a village and the thief was caught red handed by the villagers; he was then mercilessly beaten as a result of which he stated to have died. Some of the co-accused in this case being arrested and released on regular bail is not in dispute.

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Mr. Nayak, learned Senior Advocate appearing for the Petitioner in ABLAPL No.4783 of 2021, Mr. Mohapatra, learned counsel for the Petitioners in ABLAPL No.9299 of 2021 and Mr. Kamila, learned counsel appearing for the Petitioner in ABLAPL No.12163 of 2021, submit that the Petitioners had no intention to kill the deceased but as a theft was committed in the village while opera was going on, due to sudden provocation, he was mercilessly beaten as a result of which he died. Since other co-accused in this case have already been released on bail and least being the chance of the Petitioners absconding and/or tampering with the investigation, the Petitioners deserve to be released on prearrest bail.

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Learned counsel for the informant submits that the Petitioners had assaulted the deceased brutally as a result of which he died. Therefore, they should not be released on prearrest bail.

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Learned counsel for the State supports the contention of the learned counsel for the informant and opposes the prayer for pre-arrest bail of the Petitioners.

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Considering the facts and the submissions made, circumstances in which the offences stated to have been committed, factum of completion of investigation, release of the co-accused on bail and also there being no likelihood of

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the Petitioners absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the Petitioners surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

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However, after release of the Petitioners if the police so warrants may interrogate the Petitioners, collect further evidence and submit the same to the court inasmuch as such submission of the charge sheet does not prevent the police for collection of further evidence by interrogating the Petitioners in exercise of the power under Section 178 Cr.P.C.

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The pre-arrest bail applications are, accordingly, disposed of being allowed.

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

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PKS

Kunthia @ Harishch Pradhan @ Harish Chandra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunthia @ Harishch Pradhan @ Harish Chandra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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