Disposition of an application for bail under section 439 Cr.P.C. in a murder case. The High Court declined immediate bail but directed expedited trial and examination of witnesses.
Trial directed to be expedited; petitioner allowed to renew bail prayer after examination of eye-witnesses by trial court.
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.144 of 2021
Maguni Sahoo …. Petitioner
Mr.D.K.Sahoo, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. A.Pradhan Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 02.08.2021
This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No. 136 of 2020 arising out of Pattamundai P.S. Case No.136 of 2020 pending in the Court of learned J.M.F.C., Pattamundai for alleged commission of offences punishable under sections 294, 323, 307, 336, 506, 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Kendrapara, which was rejected on 21.12.2020.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 15.04.2020
// 2 //
and he has been charge sheeted under sections 294, 323, 307, 336, 506, 302/34 of the Indian Penal Code. It is further submitted that the occurrence in question took place on 29.03.2020 and the F.I.R. was lodged on 03.04.2020 and after the death of Narayan Sahoo, which took place on 14.04.2020, the case turned to one under section 302 of the Indian Penal Code. Learned counsel for the petitioner further submitted that the parties are neighbours and due to a dispute between them relating to catching of fish, a quarrel ensued near the village pond and it aggravated and then the alleged occurrence has taken place. He further submitted that there is no intention on the part of the petitioner to commit murder of the deceased and due to grave and sudden provocation, the incident has occurred and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, submitted that the statements of two eye witnesses, namely, Maheswar Sahoo and Niranjan Patra indicate that the petitioner assaulted on the head of the deceased by means of an iron rod and after the occurrence, the petitioner was in continuous treatment in different hospitals and ultimately he breathed his last on 14.04.2020 and the post mortem report indicates that the cause of death was on account of cranio cerebral injury.
Page 2 of 3
// 3 //
Considering the submissions made by the learned counsel for the respective parties, the manner in which the occurrence has taken place, the nature of accusation against the petitioner, the statements of the eye witnesses relating to the specific overt-act played by the petitioner in assaulting the deceased on the vital part of the body coupled with the finding in the post mortem report, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial after framing of charge and take steps for examination of the two eye witnesses to the occurrence at the first instance. The petitioner is at liberty to renew his prayer for bail after examination of such witnesses.
BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
( S.K. Sahoo)
Judge
PKSahoo
Page 3 of 3
// 4 //
Page 4 of 3
1 issue framed by the court
Whether to grant bail to the accused alleged to have committed murder.
2 provisions across 2 enactments
Maguni Sahoo
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
