The High Court of Orissa allowed the appellant's bail application. The court accepted the submission that there was no specific evidence against the appellant regarding the assault that caused death, noting he was arrested after the incident and only charged with aiding others.
Appellant released on bail with terms to be fixed by the court in seisin.
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
CRLA No. 942 of 2022
Jogendra Padhan@Jugen@Jogen
….
Appellant
Mr. B.B. Routray, Advocate
-Versus -
State of Odisha and another …. Respondents Mr. P. Tripathy, Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
02.12.2022
Order No.
2.
Page 1 of 2
occurrence. It is submitted that in so far as the present appellant is concerned there is no evidence at all to show that he had assaulted the deceased. The other allegations against him are omnibus in nature. Perusal of the case record reveals that one Sameer Bhue assaulted the deceased by means of a wooden plunk causing injury on his head due to which, he subsequently died. The appellant was not named in the FIR but was arrested after death of the deceased. The allegations against him relate to assault of the other injured persons. However, no specific overt act has been attributed to him except for indicating his presence at the spot along with the group.
( Sashikanta Mishra)
Judge
B.C. Tudu
Page 2 of 2
2 issues framed by the court
Whether the appellant is entitled to bail in a case concerning affray, grievous hurt, and culpable homicide not amounting to murder.
Whether the alleged omission of the appellant from the FIR and lack of specific overt acts attract substantive consideration for bail.
Jogendra Padhan
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
