Partly allowed

Satantar Gond @ Santer v. State of Odisha

Orissa HC12 Oct 2023BLAPL/6023/2023

Case brief

AI extract

What is this about?

The High Court rejected the bail application for Petitioner No.1 in a murder case attributed to specific overt acts and directed the release on bail of Petitioner No.2 subject to verification of antecedents and restrictions on intimidation.

What did the court decide?

Bail rejected for Petitioner No.1; bail allowed for Petitioner No.2 subject to terms and antecedent verification.

Satantar Gond @ Santer 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. 6023 of 2023

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Satantar Gond @ Santer and …. Petitioners another

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Mr. U. Barik, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 12.10.2023 Order No. 06. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

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The Petitioners are accused in connection with C.T. Case No.33 of 2023 pending in the Court of learned Additional District & Sessions Judge, Umerkote, arising out of Raighar P.S. Case No.213 of 2022 for commission of offence alleged under Sections 302/34 of IPC.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sesions Judge, Umerkote by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioners are in custody since 26.11.2022 for causing death of one Ramsai Gond.

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It is further submitted that as charge sheet has already been submitted on 22.03.2023, Petitioners may be released on bail.

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Page 1 of 3

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Relying on the ocular evidence of Punau Rout, C.W.-17 and the post-mortem report, it is submitted by the learned counsel for the Petitioner that the overt act which cause the death is attributed to Petitioner No.1 (Satantar Gond@ Santer) and so far as Petitioner No.2 (Dasarath Gond @ Mata) is concerned the allegation is general in nature.

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Per contra, learned counsel for the State relies on the statement of the wife of the deceased, Sukabai Gond-C.W.-16 whose statement was recorded under Section 164 Cr.P.C.

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Referring to the same, it is submitted that there is no scope to segregate the allegations made and both the Petitioners are equally responsible and further submits that in the post-mortem report, the deceased has sustained multiple injuries.

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Per contra, learned counsel for the Petitioners submits that the statement of the wife of the deceased- C.W.16 is exaggerated one.

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Taking into account the statement of independent witnesses, C.W.17 and the post-mortem report, this Court is not inclined to entertain the bail application of Petitioner No.1 (Satantar Gond@ Santer).

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Accordingly, the BLAPL of Petitioner No.1 (Satantar Gond@ Santer) stands rejected.

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Keeping in view the nature of allegations, this Court directs Petitioner No.2 (Dasarath Gond @ Mata) to be released on bail on such terms to be fixed by the Court in seisin subject to verification of criminal antecedent.

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If it comes to the fore that the Petitioner No.2 (Dasarath Gond @ Mata) has any criminal antecedent , this order shall stand recalled.

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Page 2 of 3

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Further, it is directed that the Petitioner No.2 shall not in any way try to intimidate the informant and/or her family members. 15. It shall be open to the informant and/or her family members to seek variance of this order, in the event there is any threat perception.

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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)

Judge

Santoshi

Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Oct-2023 19:59:08

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Page 3 of 3

Satantar Gond @ Santer v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satantar Gond @ Santer v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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