Allowed

Susanta Akhua v. State of Odisha

Orissa HC3 Nov 2021BLAPL/3945/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for bail under Section 439 Cr.P.C. applying the rule of parity. The petitioners were released on bail by furnishing a bond of Rs. 50,000 each with two sureties and complying with reporting conditions.

What did the court decide?

Petitioners released on bail by furnishing bond of Rs. 50,000 each with two sureties, with conditions to report to police and not influence witnesses.

Susanta Akhua Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3945 of 2021

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Susanta Akhua & Anr. …. Petitioners

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Mr.Prasanta Kumar Mohanty, Advocate

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-versus-

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State of Odisha …. Opposite Party Mr. P.K.Mohanty, ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

03.11.2021

Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioners in connection with Banki P.S. Case No.283 of 2020 corresponding to G.R. Case No. 395 of 2020 pending in the Court of learned S.D.J.M., Banki for commission of offences punishable under Section(s) 147/148/341/338/427/302/149/120-B IPC read with Section 3 & 4 Explosive Substances Act and section 27 of Arms Act.

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Perused the F.I.R. and other documents.

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Gone through the contents of the F.I.R. and the circumstances described therein leading to the death of the deceased.

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Learned counsel for the petitioner submits that some of the accused persons have been granted bail and the present accused persons are on similar footing and considering the same, parity should be extended and they should also be

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released on bail with any conditions and while claiming so, referred to the bail orders as at Anneuxre-3 series.

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Learned counsel for the State admitted that some of the accused persons connected to the case have been granted bail.

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Taking into account the submissions made and on going through the bail orders (Annexue-3 series) besides copy of an order dated 08.10.2021 in BLAPL No. 4880 of 2021, it is made to understand that some of the accused persons who are alleged to be involved in the incident are on bail by orders of this Court. In so far as petitioner no.2 is concerned, he is shown to be involved in 4 to 5 other criminal cases, details of which are mentioned in the bail application itself. The cases in which the petitioner no.2 is alleged to be involved are relating to the offences which are not grievous in nature as most of them to be triable by a Magistrate first class.

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On considering the submissions of learned counsel for the petitioners and the State, it seems that the accused persons are on similar footing like others, who are on bail.

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Having regard to the above facts and considering the fact that the petitioners are similarly situated like the other accused persons, who have been granted bail by this Court, the Court is of the considered view that it is a fit case where the rule of parity should be extended to release them on bail.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) each with two solvent sureties for the like amount each to the satisfaction of the learned court below

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in seisin over the matter with the following conditions, such as, they shall conduct themselves properly and shall not influence the material witnesses, in any manner whatsoever, while on bail; and shall report to the IIC, Banki P.S. once in a week preferably on a Sunday between 10 A.M. to 1.00 P.M.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order may be issued

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as per rules.

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0.
(R.K.Pattanaik)
Judge

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Susanta Akhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Susanta Akhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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