The High Court allowed the petitioner's third bail application. After noting discrepancies in prosecution evidence and prolonged detention, the court released the petitioner on bail with standard conditions.
Petitioner released on bail upon such terms as the court in seisin may impose, including personal appearance on case dates.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 984 of 2023
Iswar @ Indra @ Indramani Meher
…. Petitioner
Ms. D. Mahapatra, Adv.
-Versus -
State of Odisha
…. Opposite Party
Mr. S.N. Das, Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_ 17.03.2023
Order No. 03.
Page 1 of 2
of suicidal hanging. However, the informant in course of being examined as P.W.-1 has stated that the deceased sustained injury on her forehead, neck and left hand. The postmortem report does not speak of any injury other than the ligature mark found on the neck of the deceased. Evidently, the above statement of P.W.-1 is unacceptable. Secondly, P.W.-2 is the brother of the deceased. He does not say anything about the occurrence. Another witness cited by the prosecution, namely Debaraj Meher has turned hostile. None of the other witnesses examined in the case have stated anything to have remotely link the petitioner with the alleged occurrence.
( Sashikanta Mishra)
Judge
A.K. Rana
Page 2 of 2
1 issue framed by the court
Whether the petitioner should be granted bail in the third application.
2 provisions across 2 enactments
Iswar @ Indra @ Indramani Meher
State of Odisha
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
