Disposed

Abhimanyu Swain @ Kalia v. State of Odisha

Orissa HC3 Aug 2021BLAPL/968/2021

Case brief

AI extract

What is this about?

In an application for bail under section 439 Cr.P.C. related to alleged murder and cruelty, the High Court declined bail at this stage. The court directed the trial court to expedite proceedings and examine material witnesses. Petitioner is permitted to renew the bail application after such examination.

What did the court decide?

Bail rejected; Trial Court directed to expedite trial and examine material witnesses; Petitioner allowed to renew bail prayer later.

Abhimanyu Swain @ Kalia 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. 968 of 2021

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Abhimanyu Swain @ Kalia ….

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Petitioner

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Mr. R.N. Mohanty, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. D.K. Pani Addl. Standing Counsel

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CORAM:

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Order No.

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JUSTICE S.K. SAHOO ORDER 03.08.2021

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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. in connection with Pipili P.S. Case No.154 of 2020 corresponding to G.R. Case No.225 of 2020 pending in the Court of learned J.M.F.C., Pipili for the alleged commission of offences under sections 498A/302/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned 1^st Addl. Sessions Judge, Puri vide order dated 11.11.2020..

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Learned counsel for the petitioner submitted

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that the petitioner is in judicial custody since 15.06.2020 and he has been charge sheeted under sections 498-A/302/34 of the Indian Penal Code. It is further contended that the marriage between the petitioner and deceased was solemnized twenty years prior to the date of occurrence and they were blessed with one son and one daughter and the occurrence in question took place on 15.06.2020. Learned counsel for the petitioner further submits that there is no clinching material available on record against the petitioner and therefore, the bail application of the petitioner may be favourably considered and he placed the statement of Jisuranjan Swain @ Jisu aged about fifteen years who is the son of the petitioner.

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Learned counsel for the State on the other hand produced the case diary and opposed the prayer for bail and submitted that the materials available on record indicate that the petitioner was present with the deceased at the relevant point of time when she died and the cause of death of the deceased was smothering and there is chance of tampering with the evidence. He further placed the statement of one Chittaranjan Swain.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation, the surrounding

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circumstances under which the crime has been committed, the post mortem report finding, at this stage, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and at the first instance, take steps for examination of the material witnesses.

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The petitioner is at liberty to renew his prayer for bail after examination of the material witnesses in the trial Court.

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Accordingly, the BLAPL is disposed of.

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A copy of the order be sent to the learned trial Court for compliance. Issue urgent certified copy as per Rules.

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( S.K. Sahoo)
Judge

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Abhimanyu Swain @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abhimanyu Swain @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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