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Khagendra Nath Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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Orissa HC
2023
Khagendra Nath Mohanty Vs State of OdishaKhagendra Nath Mohanty v. State of Odisha

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Khagendra Nath Mohanty v. State of Odisha

Orissa HC17 Mar 2023BLAPL/392/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioners aggrieved against the rejection of their bail application by the Sessions Judge. Based on the neighbor's charge sheet statement outlining the background of the victim's injury, the Court directed release on terms to be fixed by the lower court.

What did the court decide?

Petitioners are to be released on bail on terms to be fixed by the learned Court in seisin of the matter.

What the court decided

AI extract

Outcome

Petitioners are to be released on bail on terms to be fixed by the learned Court in seisin of the matter.

Issue for consideration

Whether the petitioner accused in violent crimes should be released on bail after filing bail application challenging rejection by Sessions Judge.

Detailed headnote1 paragraphs

In a writ petition filed under Section 439 Cr.P.C. by accused persons in violent offences, the High Court considered the charge sheet statement of a witness regarding the victim's injury. Ruling that the accused could be released on bail, the Court directed their release on such terms to be fixed by the learned Court seised of the matter, dismissing the objection of the State opposing the prayer for bail.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.392 of 2023

…. Khagendra Nath Mohanty & Another

Petitioner

Mr. S. Mohanty, Advocate

-versus-

State of Odisha

Opposite Party

Mr. P.K. Mohanty, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

17.03.2023

Order No.

03.

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

The Petitioners are accused in C.T. Case No.257 of 2019, pending in the Court of learned J.M.F.C., Basta, arising out of Baliapal P.S. Case No.27 of 2019, for commission of offence under Sections 498-A/341/323/294/302/304-B/34 of IPC read with Section 4 of D.P. Act.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 3^rd Additional Sessions Judge, Balasore by order dated 06.01.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioners are in custody since 13.12.2022 and as charge sheet has been filed on 29.12.2022, the petitioners may be released on bail. 5. Learned counsel for the State opposes the prayer for bail.

Page 1 of 2

This Court has perused the statement of the one neighbor Manoj Patra charge sheeted witness No.5, he clearly outlines the background in which the wife of the petitioner No.1 suffered burn injury.

Considering the said statement, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the

rules.

(V. NARASINGH)
Judge
Ayesha

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner accused in violent crimes should be released on bail after filing bail application challenging rejection by Sessions Judge.

Statutes considered

2 provisions across 2 enactments

AI extract

CrPC439
IPC498-A/341/323/294/302/304-B/34

Parties & counsel

AI extract

petitioner
Khagendra Nath Mohanty
respondent
State of Odisha

Coram

AI extract

V. Narasimha

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 17 Mar 2023 · March
Registered: 11 Jan 2023
Case no.: BLAPL/392/2023
CNR: ODHC010022912023
Topic: Bail and Remand
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Khagendra Nath Mohanty v. State of Odisha, BLAPL/392/2023 (OD), decided on 17 March 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

CrPC439
IPC498-A/341/323/294/302/304-B/34

View all statutes

Bench / Coram

V. Narasimha

Parties & counsel