Allowed

Jayamitra Majhi @ Mantu v. State of Odisha

Orissa HC18 Aug 2021BLAPL/1201/2020

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner in a murder trial where key prosecution witnesses had resiled from their testimony, deeming further detention unnecessary while imposing strict attendance conditions.

What did the court decide?

Petitioner released on bail subject to terms and conditions including personal appearance on all court dates and cancellation of bail upon violation.

Jayamitra Majhi @ Mantu Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1201 of 2020

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Jayamitra Majhi @ Another

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…. Petitioners Mr.B.S.Rayguru, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. D.R.Parida, ASC

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CORAM:

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MR. JUSTICE D.DASH

ORDER 18.08.2021

Order No.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is the 2^nd journey of the Petitioner, who is in custody in connection with Khariar P.S. Case No.292 of 2017 corresponding to S.T. Case No.38/16 of 2018 further corresponding to C.T. Case No.536 of 2016 pending on the file of learned Additional Sessions Judge, Nuapada, running for the alleged commission of offence under section 302/201/34 of the IPC, in filing this application under section 439, Cr.P.C., for his release on bail.

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Learned counsel for the Petitioners submits that most of the important prosecution witnesses numbering about ten (10) having been examined in the trial, have not provided much of support to the prosecution case as laid. It is his submission

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Page 1 of 3

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that examination of the rest witnesses as listed in the charge sheet would not further improve the case of the prosecution. Placing the deposition of P.Ws.1 and 2, he submits that being the eye witnesses to the occurrence, they have resiled. In view of all these above, he urges for grant of bail to the Petitioners as further detention of the Petitioners in custody would serve no useful purpose when there remains no scope on the part of the Petitioners to flee from justice and tamper the evidence.

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Learned counsel for the State opposes the move. He, however, does not dispute the position that P.Ws.1 and 2 being a star witnesses for the prosecution, during the trial have turned around. He however submits that at this stage, grant of bail to the Petitioners is likely to push the conclusion of the trial to uncertainity as there remains all the scope on the part of the Petitioners to flee from justice.

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Considering the submissions made and on going through the materials as placed as also the order passed by this Court in BLAPL No.5535 of 2018; further keeping in view the surrounding circumstances including the factum of detention of the petitioners in custody, while being inclined to reconsider the prayer for grant of bail to the Petitioners; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that that they will appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial.

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Page 2 of 3

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// 3 //

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Violation of any of the condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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Basu

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(D.Dash)
Judge

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Page 3 of 3

Jayamitra Majhi @ Mantu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayamitra Majhi @ Mantu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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