Allowed

Chandulu @ Bishnu Kisan v. State of Odisha

Orissa HC14 Mar 2023BLAPL/63/2023

Case brief

AI extract

What is this about?

This is a bail petition filed under Section 439 Cr.P.C. challenging the rejection of bail by the Sessions Court. The High Court granted bail to the accused, considering the release of the co-accused on parity, doubts regarding the veracity of the extra-judicial confession, and the context of the offence. The order was remanded to the Sessions Court to fix bail terms.

What did the court decide?

Petitioner to be released on bail; terms to be fixed by the learned Sessions Court in seisin.

Chandulu @ Bishnu Kisan 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. 63 of 2023

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Chandulu @ Bishnu Kisan

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…. Petitioner

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Mr. A.K. Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 14.03.2023

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Order No.

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

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The petitioner is an accused in S.T. Case No.31 of 2021, pending before the learned Sessions Judge, Deogarh, arising out of Deogarh P.S. Case No.250 of 2021, for commission of alleged of offences under Sections 120-B/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 Sessions Judge, Deogarh by order dated 19.12.2022 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 10.08.2021 and as charge sheet has been filed on 07.12.2021, his further continuance in custody is unwarranted. 5. Relying on the order of release of the co-accused dated 28.09.2022 passed by this Court in BLAPL No.4833 of 2022 and by order dated 11.05.2022 in BLAPL No.8216 of 2021, the petitioner seeks release inter alia on the ground of parity.

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Page 1 of 2

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Learned counsel for the State opposes the prayer for bail relying on the extra judicial confession made by the petitioner before one Mantri Kisan and the recovery made under Section 27 of Evidence Act.

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It is the submission of learned counsel for the petitioner that it is highly improbable that a disclosure of this nature would be kept to himself by the witness, to the extra judicial confession. Such conduct is against normal course of human conduct and therefore questions the veracity of the same.

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Taking into account the release of the co-accused, the extra judicial confession which also relates to the acts of the co-accused, who has since been released and the background in which the offence has been committed, 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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Accordingly, the BLAPL stands disposed of. 10. Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Judge

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Ayesha

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Chandulu @ Bishnu Kisan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chandulu @ Bishnu Kisan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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