Single judge rejected bail application in a robbery case on preliminary materials, noting lack of information on co-accused's T.I. Parade status and directing trial court to accelerate witness examination before renewal.
Prayer for bail stands rejected; liberty to renew after identifying witnesses examined.
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BLAPL No.4171 of 2020
Kalia Mukhi … Petitioner
-VersusState of Odisha ... Opp. party
The matter is taken up through Video Conferencing.
Heard 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 Jhumpura P.S. Case No.14 of 2020 corresponding to G.R. Case No. 39 of 2020 pending in the Court of learned S.D.J.M., Champua for alleged commission of offence under section 395 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Champua by order dated 05.03.2020.
It is a case under section 395 of the Indian Penal Code and the petitioner has been identified in the test identification parade.
Though it is stated that one of the co-accused has been released on bail by this Court in BLAPL No.4261 of 2020 but on perusal of the bail order of the said coaccused, it appears that it was not brought to the notice of the Court as to whether the said accused has been identified in the T.I. Parade or not. Therefore, the said order will not have any persuasive value in this case.
In view of the available materials on record, at this stage, I am not inclined to release the petitioner on bail.
Accordingly, prayer for bail stands rejected.
The petitioner is at liberty to renew the prayer for bail after examination of the identifying witnesses in the learned trial Court. The learned trial Court shall expedite the trial and at the first instance, take steps for examination of the identifying witnesses.
Issue urgent certified copy as per Rules.
…………………..……
RKM
S.K. Sahoo, J.
3 issues framed by the court
Whether the petitioner be released on bail in a robbery case where the prayer was previously rejected.
Whether the release of a co-accused affects the bail application due to missing information about T.I. Parade identification.
Whether identifying witnesses should be examined before deciding on bail.
2 provisions across 2 enactments
Kalia Mukhi
State of Odisha
S.K. Sahoo
As recorded by the court registry
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