The High Court of Orissa granted bail to the petitioner in an IPC 376/305 case on the second occasion he renewed his prayer, noting the death of the victim removed the condition for examination in trial and further detention served no purpose.
Petitioner released on bail in the case numbers 167 of 2018, 37 of 2018, and 421 of 2018.
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.1828 OF 2021
Kandarpa Chhuti
…. Petitioner
Mr. Byomakesh Sahoo, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Soubhagya Ketan Nayak,AGA
CORAM:
MR. JUSTICE D.DASH
ORDER 11.08.2021
Order No.
Page 1 of 3
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the victim in the meantime has died and thus the question of her being examined in the Trial does not arise. It is further submitted that the delay for non-examination of the victim is not attributable to the Petitioner as he is in custody since 26.06.2018. Referring to the statement of the victim recorded in course of investigation, he also points out the inherent improbability therein and as to how the same is irreconcilable with the medical report. In view of all these above, he submits that it is a fit case for reconsideration of the prayer for grant of bail to the Petitioner as his further detention of the Petitioner in custody till conclusion of the trial would serve no useful purpose; when there remains no scope on his part to flee from justice and tamper the evidence.
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Judge.
Narayan
Page 3 of 3
2 issues framed by the court
Whether the prayer for grant of bail should be reconsidered given that the victim has died and cannot be examined in the trial.
Whether the Petitioner's detention serves any useful purpose considering the circumstances surrounding the victim's death and previous bail orders.
1 provisions across 1 enactments
Kandarpa Chhuti
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
