Allowed

Bishnu Biswal v. State of Odisha

Orissa HC2 Mar 2023BLAPL/260/2023

Case brief

AI extract

What is this about?

High Court of Orissa granted bail to petitioners charged under Sections 302/201 IPC. Court accepted that only Section 201 inference is strong and ordered release subject to antecedent check.

What did the court decide?

Petitioners released on bail on terms to be fixed by Court in seisin.

What the court decided

Bishnu Biswal 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.260 of 2023

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Bishnu Biswal & another

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…. Petitioners

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Mr. D. Nayak, Sr. Advocate

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-versus-

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State of Odisha …. Opposite Party Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER 02.03.2023

Order No.

A memo of appearance has been filed by Mr. D. Nayak, learned Senior Advocate on behalf of the Petitioners in Court. The same is taken on record.

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

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The Petitioners are accused in G.R. Case No.398 of 2022 pending on the file of learned S.D.J.M., Pallahara arising out of Khamar P.S. Case No.169 of 2022, for commission of the offence alleged under Sections 302/201/34 IPC.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Talcher, by order dated 20.12.2022 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 3

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It is submitted by the learned Senior Advocate that the Petitioners are in custody since 11.09.2022 and charge sheet has been filed on 30.11.2022.

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It is further submitted that even if the entire allegation of the prosecution is accepted at its face value, only offence under Section 201 IPC is made out against the Petitioners.

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It is the further submission of the learned Senior Advocate that one of the co-accused, namely, Babuli Sahu has since been released on bail by the learned Court in seisin. Hence, inter alia, on the ground of parity, the Petitioners may be released on bail.

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Learned counsel for the State opposes the prayer and submits that the present Petitioners are ex facie not similarly circumstanced with the co-accused Babuli Sahu, who has since been enlarged on bail.

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He places the statement of the co-accused Deepak Pradhan recorded under Section 27 of the Evidence Act and submits that the said accused along with present Petitioners had accosted the deceased and thereafter the said Deepak Pradhan dealt a blow to which the deceased succumbed and thereafter they put the dead body in the boot of the vehicle and took steps for disappearance.

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It is submitted by the learned Senior Advocate that except the statement of Deepak Pradhan recorded under Section 27 of the Evidence Act, there is no other material to connect the present Petitioners with the alleged crime.

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On close scrutiny of the materials on record, this Court finds force in the submission of the learned Senior Counsel.

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Page 2 of 3

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Considering the role ascribed to the present Petitioners, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of similar nature.

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The BLAPL thus stands disposed of.

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

(V. NARASINGH)

PKS

Judge

Page 3 of 3

Bishnu Biswal v. State of Odisha

Case brief

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Bishnu Biswal v. State of Odisha

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