High Court of Orissa granted bail to Madan Muduli in a murder case after considering the long period of detention, lack of direct evidence, and hostility of prosecution witnesses regarding the confession. Bail released on specific conditions.
Petitioner released on bail on terms to appear personally, not terrorize witnesses, and not leave jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1015 of 2021
Madan Muduli
…. Petitioner
Mr. Samvit Mohanty, Advocate
-versus-
State of Odisha
…. Opposite Party Miss Samapika Mishra, ASC
CORAM:
MR. JUSTICE D.DASH
ORDER
27.09.2021
Order No.
Page 1 of 3
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dead body with fatal injury was recovered from the house itself with the other material stands as to the recovery of the weapon pursuant to the statement of the Petitioner. It is further submitted that when the prosecution relies on the above to establish the charges against the Petitioner, the three witnesses before whom the Petitioner is said to have made the extra judicial confession have turned hostile and there being no such material on record to show that at the relevant time when the deceased received the fatal injury, only that the Petitioner and the deceased were present in the house, it is also not permissible to presume the Petitioner to be the author. According to him, in the present state of affair as it stands, further detention of the Petitioner in custody till conclusion of the trial would not be in the interest of justice and therefore he urges for grant of bail to the Petitioner.
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Violation of any of the above condition(s) shall entail cancellation of bail.
(D. Dash), Judge.
Aksethy
Page 3 of 3
3 issues framed by the court
Whether the Petitioner should be granted bail after being in extended custody while the trial was ongoing.
Whether the lack of direct evidence and withdrawal of prosecution witnesses warrants release to satisfy interests of justice.
What terms and conditions should be imposed for granting bail in the said case.
1 provisions across 1 enactments
Madan Muduli
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
