Petitioner in custody for murder and conspiracy offences sought bail citing deteriorating health. Court noted serious nature of charges, witness interference risks, and attributable delays. Bail denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.823 of 2020
Nirmal Chandra Rout
…. Petitioner Mr. S.D. Das, Sr. Advocate
-versus-
State of Odisha
…. Opposite Party Mr. D.K. Mishra, ASC
CORAM: MR. JUSTICE D.DASH
ORDER
02.11.2021
Order No.
Page 1 of 3
// 2 //
the same as against this Petitioner are the statement coming from the lips of the co-accused persons Dhala Samant Brothers and the statement of the Petitioner. He further submits that despite such long detention of the Petitioner in custody, the trial has not yet commenced and since large numbers of witnesses have been cited by the prosecution early completion of the trial is also not expected. It is his submission that the Petitioner having undergone renal transplantation has been undergoing in custody by remaining under constant treatment as made available and his health condition is also deteriorating day by day. In view of all these above, he urges for grant of bail to the Petitioner on such terms and conditions as deemed just and
proper.
Page 2 of 3
// 3 //
He submits that keeping in view the manner in which the offence is committed in murdering two persons and the way the dead bodies have been carried to a far off place outside the State in finally causing disappearance of evidence, the Petitioner should not be allowed to be released on bail. He also submits in that event keeping the background of the Petitioner in view, strong possibility also stands that the prosecution witnesses would be influenced and the trial would not be a fair one. He submits that cause for the delay in the trial is not attributable to the prosecution but for the prevalence of Pandemic Covid-19 situation for a longtime as also because the accused persons for their conduct inside the jail are being required to be frequently transferred from one jail to another.
Issue urgent certified copy as per rules.
Aksethy
Page 3 of 3
3 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and conspiracy under the IPC given his health condition and the serious nature of the offence.
Whether there is a cause for considering the petitioner's deteriorating health status as a ground for release on bail.
Whether the delay in trial attributable to investigation, witness transfers, and pandemic conditions warrants an order for bail.
2 provisions across 2 enactments
Nirmal Chandra Rout
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
