Disposed

Rakesh Swain@Nanda v. State of Odisha

Orissa HC11 Apr 2023CRLA/186/2023

Case brief

AI extract

What is this about?

In this bail appeal under section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the High Court of Odisha, while not inclined to release the appellant due to the gravity of the murder charge and post-mortem findings, granted liberty to renew the bail prayer after the examination of material witnesses by the trial court.

What did the court decide?

Appellant granted liberty to renew prayer for bail after examination of material witnesses by the trial court.

Rakesh Swain@Nanda Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.186 of 2023

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Rakesh Swain @ Nanda

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…. Appellant

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Mr.B.P. Pradhan, Advocate

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-versus-

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State of Odisha & another …. Respondents

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Mr. Manoranjan Mishra, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 11.04.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Learned counsel for the State submitted that notice on the informant has been made sufficient.

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None appears for the informant.

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

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This is an appeal under section 14-A(2) of the S.C. & S.T. (PoA) Act, 1989 in connection with Kuakhia P.S. Case No. 32 of 2021 corresponding to C.T. Special No.13 of 2021 pending in the file of Addl. Sessions Judge -cumSpecial Judge, Jajpur for the commission of offences under sections 302/201/120-B of the Indian Penal Code

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read with sections 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act.

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The application for bail of the appellant has been rejected by the Sessions Judge -cum-Special Judge, Jajpur as per order dated 30.01.2023.

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Learned counsel for the appellant submits that the appellant is in judicial custody since 29.01.2021 and he has been charge sheeted under sections 302/201/120-B of the Indian Penal Code read with sections 3(1)(r)/ 3(2)(v) of the S.C. & S.T. (PoA) Act. He further submits that the occurrence in question took place on 26.01.2021 and there are no eye witnesses to the commission of murder of the deceased Jhilly @ Jharaphula Nayak and the materials available on record indicate that both the deceased and the appellant were staying in Sibasai Guest House and they also left the guest house on the next day whereafter the dead body of the deceased was found. He further submitted that ethyl alcohol was detected from the viscera and the circumstantial evidence is not clinching and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that as per the post mortem report, the cause of death was due to asphyxia as a result of smothering and the appellant was found in the company of the deceased in the guest house and she was taken in a scooty of another person from

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the guest house and by that time there was no response of the deceased, but an impression was given by the appellant that the deceased was senseless and she was being shifted to the hospital for treatment. Learned counsel for the State further submitted that the statement of one Madhabanda Palei indicates that the deceased was thrown in an isolated place by two persons, who came in a scooty and thereafter, they left the place.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation, the manner in which the offence has been committed and the post mortem report findings, while not inclining to release the appellant on bail, liberty is granted to the appellant to renew his prayer for bail after examination of the material witnesses in the learned trial Court. Learned trial Court shall do well to expedite the trial.

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The CRLA stands disposed of.

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The order be communicated to the learned trial Court forthwith.

( S.K. Sahoo)

Judge

PKSahoo

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Rakesh Swain@Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Swain@Nanda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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