Disposed

Biswanath Majhi v. State of Odisha

Orissa HC23 Aug 2021BLAPL/724/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application rejected below, declining release due to the gravity of the murder charge. It directed the trial court to expedite commitment to Session Court and examine witnesses before reconsidering bail.

What did the court decide?

Expeditious commitment to Session Court directed; trial Court to examine eye-witnesses; petitioner permitted to renew bail prayer post-examination.

Biswanath Majhi 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.724 of 2021

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Biswanath Majhi

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…. Petitioner

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-versus-

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State of Odisha …. Opp. Party

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

CORAM:

Order No.

JUSTICE S.K. SAHOO ORDER 23.08.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Oupada P.S. Case No.71 of 2020 corresponding to C.T. Case No.401 of 2020 pending in the Court of learned S.D.J.M., Nilgiri for alleged commission of offence under section 302 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned S.D.J.M., Nilgiri, which was rejected on 18.01.2021.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.08.2020

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and he has been charge sheeted under section 302 of the Indian Penal Code. The deceased Jagabandhu Majhi is the younger brother of the petitioner and the occurrence in question took place on 17.08.2020 and the first information report was lodged on 20.08.2020. Learned counsel further submits that as per the statements of the eye witnesses, a dispute arose between the petitioner and the deceased relating to non-payment of outstanding dues of the electricity bill and it is stated that the petitioner

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stabbed on the abdomen of the deceased by means of a knife during course of the quarrel and, thereafter, the deceased was shifted to the medical and while undergoing treatment, he died. He further submits the post mortem examination report indicates that the cause of death of the deceased was due to peritonitis and its complication as a result of the injuries sustained on the abdomen region. Learned counsel for the petitioner further submits that in view of the relationship between the parties and the surrounding circumstances under which the alleged occurrence took place, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State placed the statements of the eye witnesses including Kasinath Majhi, who is the father of the deceased and also the post mortem examination report.

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Page 2 of 3

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Considering the submissions of the learned counsel for the respective parties, the nature and gravity of accusation, the manner in which the occurrence has taken place as per the statements of the eye witnesses, while not inclining to release the petitioner on bail at this stage, but taking into account the period of detention of the petitioner in judicial custody, I direct the learned S.D.J.M., Nilgiri to expedite the commitment of the case to the Court of Session. The learned trial Court shall do well to

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examine the eye witnesses at the first instance after framing of the charge. The petitioner is at liberty to renew his prayer for bail after examination of the eye witnesses in the trial Court. BLAPL is accordingly disposed of.

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( S.K. Sahoo)
Judge

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Jagabandhu

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Page 3 of 3

Biswanath Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswanath Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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