In a bail application under Section 439 Cr.P.C. regarding murder and dacoity charges, the court granted bail after observing that the petitioner remained in custody for over two and a half years while co-accused were released and the trial was pending.
petitioner shall be released on bail on furnishing a bond of Rs.50,000 with two solvent sureties.
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.10596 of 2021
Umashankar Majhi
…. Petitioner Mr. Subrat Panda, Advocate
-Versus-
State of Odisha …. Opp. Party Mr. P.K. Muduli, AGA
CORAM:
JUSTICE R.K. PATTANAIK
Order No.
ORDER 22.07.2022
3. Perused the F.I.R. and other connected documents.
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and all of them have been identified during the T.I. parade besides having criminal antecedents and therefore he should be enlarged on bail and also for the fact that he was granted interim bail for a period of one month, on expiry of which, he surrendered before the learned court below in due compliance of the direction of this Court.
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KC Bisoi
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3 issues framed by the court
Whether bail should be granted to the petitioner who has been in custody for more than two and a half years while other co-accused have been released.
Whether the fact that the trial is unlikely to be completed soon justifies enlargement on bail despite the nature of charges involving death and weapon of offence.
Whether the petitioner's criminal antecedents and recovery of cash preclude the grant of bail in the circumstances of the case.
3 provisions across 3 enactments
Umashankar Majhi
State of Odisha
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
