The High Court granted bail to the petitioner in a murder case ( punishable under IPC ss. 302/201/34) on the basis of lack of FIR naming, absence of eyewitness evidence, and the long period of detention impeding personal liberty.
Petitioner enlarged on bail on furnishing bonds of Rs. 25,000/- each 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.10741 of 2021
Telem Kana
…. Petitioner M/s. A.K.Sahoo , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.S.R.Roul, A.S.C.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 27.09.2022
// 2 //
meanwhile, only two witnesses have been examined and even if the allegations on record are taken on face of it, only the presence of the petitioner at the spot where one dead body was being cremated would surface. Learned counsel for the petitioner further submits that in the above circumstance of facts, when the petitioner has not committed any offences, he may kindly be enlarged on bail.
// 3 //
|
bonds of Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall not leave the jurisdiction of the learned trial Court without prior permission till conclusion of trial and the petitioner shall attend the trial Court on each date of posting of the case unless his attendance is dispensed with by the learned
trial Court.
Kishore
3 issues framed by the court
Whether the petitioner is entitled to bail given the lack of FIR naming and absence of independent eyewitness evidence against him.
Whether the reliance on confession of co-accused and omnibus statements justifies continued detention.
Whether the long period of custody without securing prosecution evidence warrants granting bail.
1 provisions across 1 enactments
Telem Kana
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
