Petitioner sought pre-arrest bail in a murder case alleging suicide. The Court rejected the bail plea due to grave suspicion arising from the deceased’s death in the petitioner’s company, delayed reporting, and initial hindrance to post-mortem examination, necessitating custodial interrogation.
Petitioner not released on pre-arrest bail; ABLAPL rejected.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5296 of 2021
Samarajit Nayak
…. Petitioner
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
Order No.
ORDER 23.09.2021
3. Heard learned counsel for the Petitioner and learned
counsel for the State.
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stated to have committed suicide. The Petitioner then being alone present in the company of the deceased stated to have been seen by one of the witnesses. Thereafter the dead-body of the deceased was buried as per the custom and the matter was being not reported to the Police no post-mortem was done to ascertain the cause of death. The same was stated to be at the instance of the Petitioner as the Petitioner stated that postmortem of the deceased was not permissible in their religion/custom. However, subsequently the family members of the deceased made an allegation to different authorities including Human Rights Commission alleging that their daughter had been murdered by the present Petitioner and as such action be taken against him, as revealed from the materials on record but no FIR was registered. Subsequently on the report being made by the Informant, FIR has been registered on 7.12.2019 vide the aforesaid P.S. Case which stated to be on the intervention of the S.P concerned. The matter has been investigated and the dead-body has been exhumed but some skeletons were found from the graveyard and from the same, cause of death could not be ascertained.
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death having not been ascertained, the Petitioner in this case, therefore, deserves to be released on pre-arrest bail particularly when he has no chance of absconding and he is ready and willing to cooperate with the investigation in this case.
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(S. Pujahari) Judge
PKS
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2 issues framed by the court
Whether the petitioner should be released on pre-arrest bail given the suspicion surrounding the unnatural death of the deceased in his company and the delay in reporting the incident.
Whether the release of the petitioner on pre-arrest bail would hinder the free and fair investigation into the case.
Samarajit Nayak
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
