Allowed

Rama Dalei v. State of Odisha

Orissa HC24 Aug 2022BLAPL/5372/2022

Case brief

AI extract

What is this about?

High Court of Orissa allowed a successive bail application under Section 302 IPC. The court noted a delay of over ten months in trial after the initial six-month period, insufficient corroboration beyond an uncorroborated dying declaration, and granted bail with conditions to appear personally.

What did the court decide?

Petitioner released on bail on such terms and conditions as may be imposed by the court in seisin, including appearance personally on each date of posting.

Rama Dalei Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5372 of 2022

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Rama Dalei

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Petitioner

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Mr. S.K.Pattnaik Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P. Tripathy

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Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

24.8.2022.

This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

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The Petitioner is in custody since 31st December, 2018 in connection with Buguda P.S. Case No.313/2018 corresponding to S.T. Case No.134/2019 (G.R. Case No.282/2018) pending in the court of learned Addl. Sessions Judge, Bhanjanagar for the alleged commission of the offence under Section 302 of I.P.C.

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This is the successive bail application filed by the Petitioner. His earlier application was rejected by order dated 11th November, 2021 passed in BLAPL No.3554/2020 granting him

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liberty to renew his prayer for bail if trial is not concluded within six months. In the mean time, ten months have been elapsed, but trial has not been concluded. In the mean time, the informant and three other witnesses have been examined, out of whom the only eye witness namely, Mulia Jena has been examined as P.W.3. Significantly, he did not support the prosecution case. The only material against the Petitioner is the so called oral dying declaration made by the deceased just after the occurrence.

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Having regard to the above facts as also taking into account the long period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that she shall appear personally before the court below on each date of posting of the case without fail and in case of even a single default, necessary orders shall be passed by the court to take her to custody again.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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Rama Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rama Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

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