Kedarnath Jena @ Parabasia v. State of Odisha
Case brief
What is this about?
Bail application rejected by Single Judge. Petitioner in custody for murder charge. Court held witnesses examined during liberty granted earlier directly implicated petitioner, establishing strong prima facie case with no changed circumstances. BLAPL rejected.
What did the court decide?
Bail application rejected with liberty to refile after examination of witnesses under Section 437 CrPC allowing liberty until examined.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 7392 of 2023
Kedarnath Jena@Parabasia
…. Petitioner
Mr. D. Das, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. S.K. Mishra , ASC
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
06.10.2023 Order No. 1. This matter is taken up through hybrid mode. 1. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner is in custody in connection with Itamati P.S. Case No. 88 of 2022 corresponding to G.R. Case No. 248 of 2022 pending in the Court of learned S.D.J.M., Nayagarh for the alleged commission of offence under Sections 302/34 of IPC. 4. The earlier bail application filed by the petitioner was rejected granting him liberty to renew his prayer after examination of Nalini Jena, Sunil Kumar Jena and Srabani Jena during trial. All three have in the meantime been examined. Perusal of the copies of the depositions of the said witnesses reveals that all three of them have directly implicated the petitioner in the
Issues for consideration
1 issue framed by the court
Whether bail should be granted in a murder case where witnesses have directly implicated the accused after being examined.
Parties & counsel
- petitioner
Kedarnath Jena@Parabasia
- respondent
State of Odisha
Coram
Sashikanta Mishra
Case details
As recorded by the court registry
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