Single judge court in Hybrid Arrangement considered a bail application under S. 439 Cr.P.C. for an accused charged with murder. Rejecting the argument that evidence was limited to confession, the court held the gravity of the offense precluded bail before trial commencement.
Bail application rejected; trial to be expedited.
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.5242 of 2022
Kunu Bagha @ Bag
…. Petitioner
M/s. S.K.Sahu , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.S.R.Roul, A.S.C.
CORAM:
JUSTICE G. SATAPATHY ORDER
Order No.
29.11.2022
// 2 //
facilitate the co-accused to murder the deceased and, thereby, the petitioner is not entitled to bail.
Hence, the bail application of the petitioner stands rejected. Trial be expedited as requested by learned counsel for the petitioner.
( G. Satapathy)
Judge
Kishore
2 issues framed by the court
Whether bail should be granted to the accused charged with murder where the only evidence against him is his confession and the trial has not yet commenced.
Whether the accused is entitled to bail considering the gravity of the charges and the specific allegation of participating in a common intention to murder.
2 provisions across 2 enactments
Kunu Bagha @ Bag
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
