The High Court of Odisha granted bail to the petitioner, who had been in custody for over two years regarding a murder charge. The court noted prosecution witnesses had not supported the prosecution case and directed release with conditions.
Release on bail with conditions to appear personally before the court in seisin and not leave the 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.01 of 2021
Ghanashyam Das Petitioner
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Tapas Kumar Praharaj, SC
CORAM: MR. JUSTICE D.DASH
ORDER
02.08.2021
Order No.
Inviting the attention of this Court to the deposition of those two witnesses he now points out that they have not supported the case of the Prosecution in the trial and so also the evidence of other witnesses are not in the direction of implication of this Petitioner
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with the crime as alleged. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and tamper the evidence and as by now the Petitioner has already remained in custody for more than two years, according to him, his further detention in custody till conclusion of the trial would serve no useful purpose. He, therefore, urges for grant of bail to the Petitioner. 4. Mr. Tapas Ku. Praharaj, learned, Standing Counsel whiling opposing the move submits that other material witnesses are yet to be examined and therefore at this stage, it would not be proper to direct the release of the Petitioner on bail as there remains all the chance to tamper the evidence.
of bail.
Narayan
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2 issues framed by the court
Whether the petitioner should be released on bail considering the length of detention and witness testimony issues in the murder case.
Whether the terms of bail should include personal appearance and jurisdiction limits to prevent tampering of evidence.
2 provisions across 2 enactments
Ghanashyam Das
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
