The High Court of Orissa granted bail to the petitioner in a murder and dacotry case, despite heinous charges, considering that his name appeared only in a second charge sheet based on a co-accused's confession and another co-accused was already on bail.
Petitioner released on bail with terms and conditions to be imposed by the trial court.
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.9078 of 2021
Mahi @ Maheswar Nayak …. Petitioner
Mr. N.K.Sethi, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A.Pradhan,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
09.2.2022
Order No. I.A.No.1327 of 2021
04. 1. This matter is taken up through hybrid mode.
2. Learned counsel for the petitioner does not wish to press this
I.A.
3. Accordingly, the I.A. is dismissed as not pressed.
(Sashikanta Mishra)
Judge
BLAPL No. 9078 of 2021
O5. 1. This matter is taken up through hybrid mode.
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// 2 //
Page 2 of 3
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accused coupled with the fact that one co-accused has already been released on bail, I am inclined to allow the prayer for bail. 8. 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 he shall appear before the trial court on each date of posting of the case failing which appropriate adverse orders may be passed as may be deemed fit and proper.
application.
(Sashikanta Mishra)
Dhal Judge
Page 3 of 3
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a murder case where his name was added to the charge sheet based on a co-accused's confession.
Whether the release of a co-accused on bail warrants granting bail to the petitioner.
Mahi @ Maheswar Nayak
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
