The High Court allowed bail applications filed by two petitioners charged with murder. Considering the gravity of the accusation but noting lack of flight risk and tampering possibility, the Court admitted both on bail.
Admitted both petitioners to bail on bond of Rs. 50,000 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.5357 of 2022
Silu @ Chinmaya Sahu
…. Petitioner Mr. P.K. Sahoo , Advocate
-versus-
State of Odisha
…. Opp. Party Mr. S.R. Roul, A.S.C.
BLAPL No.5066 of 2022
Order No.
Tanua @ Chinmaya Kumar Dhal …. Petitioner
Mr. A. Dash , Advocate
-versus-
….
State of Odisha Opp. Party
Mr. S.R. Roul, A.S.C.
CORAM:
JUSTICE G. SATAPATHY
ORDER
14.11.2022
BLAPL No.5357 of 2022 & BLAPL No.5066 of 2022
// 2 //
for grant of bail in connection with Tangi P.S. Case No.1 of 2022 corresponding to G.R. Case No. 18 of 2022 pending in the Court of learned J.M.F.C.(R), Cuttack for commission of offences punishable under Sections 294/506/302/34 of IPC, on the allegation of abusing, assaulting, threatening as well as attempting to the life of the deceased by means of an iron rod which resulted in his death.
// 3 //
No.5357 of 2022, Mr. A. Dash, learned counsel for the petitionerTanua @ Chinmaya Kumar Dhal, submits in a different way that there was a new year celebration in the village and since the village was divided amongst two groups and in such celebration, the petitioner has got accidentally felled on the ground sustaining some kind of injuries on his head, but the petitioner is no way connected with the commission of crime, rather the petitioner being a politically active person has been falsely implicated in this case. It is further submitted by him that on the existing materials on record, no liability U/S.302 of IPC would be attracted against the petitioner, rather at best a case U/S.304 of IPC can be stated to be made out on the materials on record and that too, not against the petitioner. It is further submitted by him that the petitioner is inside custody since 04.01.2022 and the post mortem report discloses one injury on the head of the deceased, which might be the cause of death of the deceased but the petitioner being not responsible for such, may be admitted on bail.
// 4 //
(G. Satapathy) Judge
Subhasmita
1 issue framed by the court
Whether bail should be granted to petitioners accused of murder in affray.
1 provisions across 1 enactments
Silu @ Chinmaya Sahu
Tanua @ Chinmaya Kumar Dhal
State of Odisha
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
