The High Court considered a bail application under section 439 CrPC. The court rejected the prayer, noting strong evidence from eye witnesses and the principles involved in the offence of murder before the petitioner was released.
Bail application dismissed, liberty to renew prayer after examination of eye witness in trial Court.
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BLAPL No. 7438 of 2020
Shiba Sankar Sabar
… Petitioner
-Versus-
State of Odisha
Opp. party
...
The matter is taken up through Hybrid arrangement (video conferencing/ physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Patanagarh P.S. Case No.95 of 2020 corresponding to G.R. Case No. 341 of 2020 pending in the file of learned Addl. Sessions Judge, Patanagarh, Bolangir for alleged commission of offence under section 302 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Patanagarh vide order dated 02.09.2020.
In view of the eye witness account of Lalita Sabar, the mother of the petitioner as well as Gobardhan Sabar and the manner in which the occurrence has taken place, the number of blows inflicted on the deceased Gobardhan Sabar and the post mortem report findings, at this stage, I am not inclined to release the petitioner on bail.
However, the petitioner is at liberty to renew his prayer for bail after examination of the eye witness to the occurrence in the trial Court.
The BLAPL is accordingly disposed of. A copy of the order be communicated to the learned trial Court forthwith for compliance.
…………………..……
S.K. Sahoo, J.
P
1 issue framed by the court
Whether to grant bail to the petitioner accused under section 302 IPC pending at the trial court stage.
1 provisions across 1 enactments
Shiba Sankar Sabar
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
