Partly allowed

Bapi Das v. State of Odisha

Orissa HC24 Aug 2021BLAPL/376/2021

Case brief

AI extract

What is this about?

The Single Judge disposed of four bail applications arising from the same murder case. While the main accused was denied bail due to his direct role in the fatal assault, the other three petitioners were granted bail pending trial after finding no specific overt act against them.

What did the court decide?

Bail granted to Bapi Das, Susanta Das and Kanhu Das on Rs.50,000 bond; Bail rejected for Kedar Das with liberty to renew after evidence examination.

Bapi Das Vs State of Odisha — Corruption | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 376 of 2021

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Bapi Das

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…. Petitioner

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Mr. Jyotirmaya Sahoo, Advocate

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-versus-

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State of Odisha

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Opp. Party

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

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BLAPL No. 377 of 2021
Susanta Das @ Susant Das …. Petitioner
Mr. Jyotirmaya Sahoo, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. P.K. Mohanty,
Addl. Standing Counsel

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BLAPL No. 378 of 2021

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Kedar Das

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Petitioner

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Mr. Jyotirmaya Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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

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// 2 //

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BLAPL No. 379 of 2021

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Kanhu Das @ Kanha …. Petitioner

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Mr. Jyotirmaya Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

24.08.2021

All these bail applications are taken up through Hybrid arrangement (video conferencing/physical mode).

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Since all the bail applications arise out of one case i.e. G.R. Case No.888 of 2020 pending in the Court of learned S.D.J.M., Berhampur, with the consent of the learned counsel for the respective parties, all the cases are heard analogously and disposed of by this common order.

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Heard Mr. Jyotirmaya Sahoo, learned counsel appearing for the petitioners and Mr. P.K. Mohanty, learned Additional Standing Counsel for the State in all the bail applications.

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All the bail applications under section 439 of Cr.P.C. are in connection with Gosaninuagaon P.S. Case No.82 of 2020 corresponding to G.R. Case No.888 of 2020 pending in the Court of learned S.D.J.M., Berhampur for offences punishable under sections 341/323/294/506/302/34 of the Indian Penal Code.

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Page 2 of 5

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// 3 //

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The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Ganjam, Berhampur vide order dated 11.01.2021.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 30.05.2020 and they have been charge sheeted under sections 341/323/294/506/302/34 of the Indian Penal Code. He further submitted that the occurrence in question took place on 27.05.2020 and the first information report was also lodged on the very day by Kanaka Das, the widow of deceased Trinath Das and it is the statements of the eye witnesses Kanaka Das as well as Gurubari Das that coaccused Sudhir Das assaulted on the left hand of the deceased Trinath Das with a wooden plank and petitioner Kedar Das in BLAPL No.378 of 2021 assaulted on the head of the deceased by means of a sword and so far as the petitioner Bapi Das in BLAPL No.376 of 2021 and petitioner Susanta Das @ Susant Das in BLAPL No.377 of 2021 and petitioner Kanhu Das @ Kanha in BLAPL No.379 of 2021 are concerned, the allegations are omnibus in nature. He further submitted that the

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deceased has sustained two injuries, one is on the left hand, which is a fracture injury and the other is on the head, which is a cut injury and it almost corroborates to the version of the eye witnesses relating to the assault by co-accused Sudhir Das and petitioner Kedar Das and therefore, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State has produced the

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Page 3 of 5

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// 4 //

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case diary, placed the statements of the informant Kanaka Das as well as eye witness Gurubari Das and he also placed the post mortem examination report, which indicates that the deceased has sustained a cut injury on the occipital region and one fracture injury on the left hand elbow joint and external injury no.1 and its corresponding internal injuries are being opined to have been caused due to cutting edge of a heavy cutting weapon and external injury no.2 was opined to have been caused by hard and blunt weapon and the death was due to cranio-cerebral injuries and its complications thereof and external injury no.1 and its corresponding injuries were opined to be fatal in ordinary course of nature.

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Considering the submissions made by the learned counsel for the respective parties, since out of the four petitioners, the main allegation is against the petitioner Kedar Das, who stated to have assaulted the deceased on his head by means of a sword and as per the post mortem report, the injury on the head has caused the death of the deceased, I am not inclined to release him on bail. Accordingly, prayer for bail of petitioner Kedar Das in BLAPL No.378 of 2021 stands rejected.

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So far as petitioners, namely, Bapi Das, Susanta Das @ Susant Das and Kanhu Das @ Kanha are concerned, in absence of any specific overt act against them and taking into account their period of detention in judicial custody, I am inclined to release them on bail.

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Let the petitioners, namely, Bapi Das, Susanta Das @ Susant Das and Kanhu Das @ Kanha in BLAPL Nos.376

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Page 4 of 5

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// 5 //

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of 2021, 377 of 2021 and 379 of 2021 respectively be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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The petitioner Kedar Das is at liberty to renew his prayer for bail after examination of the eye witnesses in the trial Court.

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All the Bail Applications are accordingly disposed of.

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Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge

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RKM

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Bapi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

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