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Santosh Senapati Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Santosh Senapati Vs State of OdishaSantosh Senapati v. State of Odisha

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Santosh Senapati v. State of Odisha

Orissa HC14 Sept 2022BLAPL/6736/2022

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by Santosh Senapati, an accused pending trial in a G.R. Case involving IPC offenses. The Court granted bail considering the petitioner's role, the filing of the charge sheet, and his status as a first offender.

What did the court decide?

The petitioner was directed to be released on bail on terms to be fixed by the Court in seisin.

What the court decided

AI extract

Outcome

The petitioner was directed to be released on bail on terms to be fixed by the Court in seisin.

Issue for consideration

Whether the petitioner, who is an accused in a G.R. Case and in custody, is eligible for bail. +1 more

Detailed headnote1 paragraphs

BAIL APPLICATION: An accused in a G.R. Case, who is in custody and charged under various IPC sections including 307 (attempt to murder), was directed to be released on bail. The Court considered the statement of injuries attributed to others, the role ascribed to the petitioner, the filing of the charge sheet, and his status as a first offender, allowing bail pending trial.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6736 of 2022

Santosh Senapati

…. Petitioner

Mr. S. Mohanty, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

14.09.2022

Order No.

02.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in G.R. Case No.503 of 2022, pending in the file of learned S.D.J.M., Jagatsinghpur, arising out of Balikuda P.S. Case No.142 of 2022, under Section 120B/212/341/294/323/307/506 and 34 of IPC and is in custody since 28.05.2022.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jagatsinghpur by order dated 12.07.2022 in the aforementioned case, the present BLAPL has been filed.

Perused the statement of injured Gouttam Behera, the injured has specifically attributed the overt act to one Sangram

Page 1 of 2

Behera and Bibhuti Behera, who are not the petitioners before this Court.

Considering the role ascribed to the petitioner and that in the meanwhile charge sheet has been filed on 18.08.2022 and period of custody, he being the first offender as stated, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

Santoshi

(V. NARASINGH)
Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, who is an accused in a G.R. Case and in custody, is eligible for bail.
2.
Whether the petition for bail should be allowed on the grounds of the petitioner being a first offender despite the role attributed to him.

Statutes considered

1 provisions across 1 enactments

AI extract

CrPC439

Parties & counsel

AI extract

petitioner
Santosh Senapati
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 14 Sept 2022 · September
Registered: 18 Jul 2022
Case no.: BLAPL/6736/2022
CNR: ODHC010457262022
Topic: Bail and Remand
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Santosh Senapati v. State of Odisha, BLAPL/6736/2022 (OD), decided on 14 September 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CrPC439

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel