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Rupeli Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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Orissa HC
2021
Rupeli Pradhan Vs State of OdishaRupeli Pradhan v. State of Odisha

Allowed

Rupeli Pradhan v. State of Odisha

Orissa HC8 Nov 2021BLAPL/1425/2020

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack disposed of a bail application filed by parents of the principal accused in a murder case. The court observed that similarly situated co-accused persons had been released on bail. In view of the detention period, there was no reason to treat the petitioners differently. The petition was allowed releasing the petitioners on bail subject to standard conditions?

What did the court decide?

Petitioners are released on bail on such terms and conditions as may be fixed by the Court in seisin over the matter.

What the court decided

AI extract

Outcome

Petitioners are released on bail on such terms and conditions as may be fixed by the Court in seisin over the matter.

Issue for consideration

Whether bail should be granted to the petitioners who are parents of the principal accused and have been in custody since 23.11.2019 in a murder case.

Detailed headnote1 paragraphs

This judgment dismisses a writ petition/bail application where the petitioners were separately implicated as parents of the principal accused in a murder case under Sections 302, 120-B and 201 IPC. The Court observed that similarly situated co-accused had already been released on bail. Considering the length of detention, no different treatment was justifiable. The applications were allowed and petitioners were released on bail subject to standard trial court attendance conditions. The Court directed issuance of a certified copy.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1425 of 2020

Rupeli Pradhan & Anr.

….

Petitioners

Mr. A.K. Sahoo, Adv.

-Versus -

State of Odisha

Opposite Party

Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

08.11.2021

Order No.

09.

This matter is taken up through hybrid mode.

Heard Mr. A.K. Sahoo, learned counsel for the petitioners

and Mr. P.K. Maharaj, learned Addl. Standing Counsel for the State.

The petitioners are in custody since 23.11.2019 in connection with C.T. Case No. 347 of 2019 of the Court of learned S.D.J.M., Deogarh corresponding to Barkote P.S. Case No. 165 of 2019 for the alleged commission of offence under Sections 302/120-B/201 I.P.C.

In course of hearing, it submitted that the petitioners are the parents of the principal accused and have been implicated in this case without any evidence against them. It is further submitted that similarly situated co-accused persons, namely, Amar Kumar Samal and Kailash Chandra Sahu have been released on bail by order of this Court passed in BLAPL No. 1591 of 2020 and BLAPL No. 11085 of 2019 respectively.

Having regard to the period of detention already undergone and the fact that similarly situated co-accused persons have

Page 1 of 1

already been released on bail, I find no reason to treat the petitioners differently than the said co-accused persons. The bail application is therefore, allowed.

Let the petitioners be released on bail on such terms and conditions as may be fixed by the Court in seisin over the matter including the condition that they shall personally appear before the trial Court on each date of posting without fail.

Issue urgent certified copy as per rules.

( Sashikanta Mishra)
Judge

A.K. Rana

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether bail should be granted to the petitioners who are parents of the principal accused and have been in custody since 23.11.2019 in a murder case.

Parties & counsel

AI extract

petitioner
Rupeli Pradhan & Anr.
respondent
State of Odisha

Coram

AI extract

Sashikanta Mishra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 8 Nov 2021 · November
Registered: 19 Feb 2020
Case no.: BLAPL/1425/2020
CNR: ODHC010122982020
Topic: Bail and Remand
Bench: Sashikanta Mishra
Disposal: Disposed Off

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Cite this judgement

Rupeli Pradhan v. State of Odisha, BLAPL/1425/2020 (OD), decided on 8 November 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sashikanta Mishra

Parties & counsel