Allowed

Deba @ Debendra Parida v. State of Odisha

Orissa HC3 May 2023BLAPL/5557/2022

Case brief

AI extract

What is this about?

High Court of Orissa granted bail to the petitioner in a murder and attinger case under Sections 307/34/394/328 IPC, directing execution of a bond with sureties despite antecedents, due to lack of T.I.P. and unknown accused.

What did the court decide?

Bail granted in case p.p.u.r. Sections 328, 394, 307 and 34 IPC on furnishing bail bond of Rs 50,000 with two local solvent sureties.

Deba @ Debendra Parida 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.5557 of 2022

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Deba @ Debendra Parida …. Petitioner

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Mr. L. Bhuyan, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. P.B. Tripathy, Addl. Standing Counsel

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CORAM: JUSTICE S.K. SAHOO ORDER Order No. 03.05.2023 09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Order No.

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

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This is an application under section 439 of Cr.P.C. in connection with Sahidnagar P.S. Case No.50 of 2022 corresponding to C.T. Case No.736 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections 328/394/307/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Khurda at Bhubaneswar, which was rejected on 30.05.2022.

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// 2 //

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Learned counsel for the petitioner has filed a comprehensive affidavit dated 19.04.2023 relating to the criminal antecedents against the petitioner, which is taken on record.

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Considering the submission made by the learned counsel for the petitioner that the petitioner was taken on remand in this case on 17.02.2022 and F.I.R. was lodged against unknown person and no test identification parade has been conducted to establish the complicity of the petitioner in the alleged crime and after hearing learned counsel for the State, who submitted that one mobile phone, cash of Rs.22,000/(rupees twenty-two thousand) and two strips of Ativan 2mg (drug) were seized from the possession of the petitioner, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Page 2 of 3

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// 3 //

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

Sipun

Page 3 of 3

SIPUN Digitally signed by SIPUN BEHERA BEHERA Date: 2023.05.05 11:13:10 +05'30'

Deba @ Debendra Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deba @ Debendra Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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