Allowed

Surendra Munda v. State of Odisha

Orissa HC2 Mar 2023BLAPL/138/2023

Case brief

AI extract

What is this about?

In bail application BLAPL No. 138 of 2023, the High Court of Orissa allowed bail to the petitioner in a murder case. The court granted bail on findings that the examined prosecution witness turned hostile and a co-accused was already released on bail, making imprisonment unnecessary. The matter was disposed of with standard bail conditions.

What did the court decide?

Petitioner released on bail on terms and conditions including personal appearance before trial court on each date of posting.

Surendra Munda Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 138 of 2023

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Surendra Munda … Petitioner

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Mr. A. Mishra, Advocate

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- Versus -

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State of Odisha … Opposite Party

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Mr. S.N. Das, Additional Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

02.03.2023

Order No. 1

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is the second journey of the petitioner to this Court. His earlier application for bail was rejected as per order passed by this Court in BLAPL No. 1753 of 2022 granting him liberty to renew his prayer after examination of witness Shiba Charan Munda during trial. The present application has been filed as the said witness, Shiba Charan Munda has in the meantime been examined.

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The petitioner is in custody in connection with Lahunipada P.S. Case No. 202 of 2021 corresponding to G.R. Case No. 721 of 2021 pending in the court of learned Addl. Sessions Judge, Bonai for the alleged commission of offence under Sections 302/201/34 of IPC.

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A perusal of the copy of deposition of Shiba Charan Munda

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Page 1 of 2

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who has examined as P.W.1 in the ongoing trial shows that he has not supported the prosecution case and has turned hostile. Since there is no other evidence to link the petitioner in the accused as also the fact that one of the co-accused person who stands on the same footing, namely, Pradhan Munda has been released on bail as per order passed by this Court in BLAPL No. 5359 of 2022, I am inclined to allow the prayer for bail.

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Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper

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application.
( Sashikanta Mishra)
Judge

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B.C. Tudu

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Page 2 of 2

Surendra Munda v. State of Odisha

Case brief

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Surendra Munda v. State of Odisha

Case brief

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