Allowed

Sibaram Gouda v. State of Odisha

Orissa HC11 Sept 2023BLAPL/1771/2023

Case brief

AI extract

What is this about?

The High Court at Cuttack entertained a bail application by an accused in a murder case (IPC 302/201) pending before the Sessions Judge. Acknowledging the judge below was already seized of the case to verify antecedents, the High Court directed release on bail through the judge below.

What did the court decide?

The petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Sibaram Gouda 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. 1771 of 2023

Sibaram Gouda

…. Petitioner

Mr. A. Das, Advocate

-versus-

State of Odisha

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…. Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 11.09.2023 Order No. 03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with S.T. Case No.71 of 2021 pending on the file of learned 3^rd Additional Sessions Judge, Berhampur, Dist-Ganjam arising out of B. Sadar P.S. Case No.48 of 2021 for commission of the alleged offence under Sections 302/201 of IPC.

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Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 3^rd Additional Sessions Judge, Berhampur by order dated 24.01.2023 in the aforementioned case, the present bail application has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 27.02.2021 on the accusation of causing death of one Narendra Gouda.

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It is the submission of the learned counsel for the Petitioner that save and except the confession of the accusedPetitioner and his statement leading to discovery of the body of the deceased and recovery of the alleged weapon of offence (a blade),

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there is no other material to connect the Petitioner with the alleged crime.

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It is stated that since 13 witnesses out of 42 witnesses have already been examined and considering the tenor thereof, further continuance of the Petitioner in custody is not warranted.

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Learned counsel for the State opposes the prayer for bail and relies on the statement of one Nabin Gouda, who is the witness to extra judicial confession and the statement of Ganesh Choudhury from whose shop the MO-blade with which the offence was allegedly committed was purchased by the Petitioner.

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It is brought to the notice of this Court by the learned counsel for the Petitioner that there are two witnesses to the statement recorded under Section 27 of the Evidence Act, namely, Jitu Gouda and Nabin Gouda.

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It is borne out from the order sheet of the learned Court in seisin dated 28.08.2023 that the prosecution has declined to examine Jitu Gouda, one of the above witnesses to the statement leading to discovery.

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And, Nabin Gouda was examined as P.W.-8 and Ganesh Choudhury was examined as P.W.-13

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The depositions of P.Ws.8 to 13 and the order sheet referred to herein above are taken on record.

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Since the learned Court, is in seisin over the mater, this Court refrains from making any observation regarding evidentiary value of the materials on record.

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Taking into account the evidence on record more particularly of P.W.8 and 13 and keeping in view the period of custody and that the Petitioner is 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.

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While releasing the Petitioner on bail, learned Court below is called to verify the criminal antecedent of the Petitioner . If it comes to fore that the Petitioner has any criminal antecedent , this order shall stand recalled.

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Accordingly, the BLAPL stands disposed of.

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

V. NARASINGH)

Santoshi

Judge

Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2023 20:08:59

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Sibaram Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sibaram Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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