Allowed

Sonu @ Biswajit Bhoi v. State of Odisha

Orissa HC1 Dec 2021BLAPL/592/2020

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail petition filed by the petitioner in custodial trial proceedings for offences under IPC Sections 395/397. The Court observed that since the injured had been examined without incriminating the petitioner and co-accused were already on bail, his release would not prejudice a fair trial.

What did the court decide?

Release of the petitioner on bail from custody in C. T. Case No.90 of 2018 on terms and conditions deemed just and proper by the trial court.

Sonu @ Biswajit Bhoi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.592 of 2020

¶3

Sonu @ Biswajit Bhoi

¶4

Petitioner

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

CORAM:

¶9

THE JUSTICE S.PUJAHARI

Order No.

ORDER 01.12.2021

This matter is taken up through Hybrid mode.

¶14

Heard learned counsel for the Petitioner and the learned counsel for the State.

¶15

The Petitioner being in custody in C.T. Case No.90 of 2018, arising out of Infocity P.S. Case No.122 of 2015 pending in the court of learned 2^nd Addl. Sessions Judge, Bhubaneswar, has filed this petition for his release on bail. The offence alleged against the Petitioner is punishable under Sections 395/397 IPC.

¶16

Learned counsel for the Petitioner submits that the injured has been examined in this case and he has not indicted the Petitioner in any manner in his evidence. Therefore, the Petitioner deserves to be released on bail particularly when other co-accused in this case has already been released on bail and the Petitioner has no chance of absconding.

¶17

Page 1 of 2

¶18

// 2 //

¶19

Learned counsel for the State, however, vehemently opposes the prayer for bail with the submission that the evidence adduced during trial cannot be addressed or appreciated at the stage of bail as that would cause prejudice to the parties and result in prejudging the case. Therefore, the Petitioner being indicted in a heinous and serious offence, he does not deserve to be released on bail.

¶20

After hearing learned counsel for the parties and on going through the materials available on record, more particularly the injured in this case having already been examined and without making any comment on the credibility of the version of the injured in any manner, this Court directs that the Petitioner be released on bail in the aforesaid case by the court in seisin over the matter on such terms and conditions as deemed just and proper as his release is not likely to have an adverse impact on a free and fair trial anymore.

¶21

The BLAPL is, accordingly, disposed of being allowed.

¶22

Urgent certified copy of the order be granted in course of the day.

¶23

(S. Pujahari) Judge

¶24

PKS

Sonu @ Biswajit Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sonu @ Biswajit Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Balu@Surendranath Padhy Vs State of Orissa

Haladhar Nayak Vs State of Orissa

Amarjeet Pradhan Vs State of Odisha

Debendra Kanta Vs State of Odisha

Parameshwar Panda Vs State of Odisha

Nimai Charan Behura Vs State of Orissa