Allowed

Krushna Chandra Behera v. State of Odisha

Orissa HC4 May 2023CRLA/215/2023

Case brief

AI extract

What is this about?

The court disposed of two bail appeals under Section 14-A of the SC/ST (PoA) Act, 1989. Considering that eye witnesses did not identify the appellants, no test identification parade was conducted, and no clinching material existed, the judge granted bail to both appellants after allowing a bond.

What did the court decide?

Both appellants released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties each.

Krushna Chandra Behera 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.215 of 2023

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Krushna Chandra Behera …. Appellant

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Mr.S.K. Mahanty, Advocate

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-versus-

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1.State of Odisha …. Respondents 2.Minati Nahak

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Mrs. Susamarani Sahoo,
Addl. Standing Counsel
Mr. S. K. Jena, Advocate
(for the informant)
CRLA No.231 of 2023
Sagar Behera …. Appellant
Mr.S.K. Mahanty, Advocate
-versus-
1.State of Odisha …. Respondents
2. Minati Nahak
Mrs. Susamarani Sahoo,
Addl. Standing Counsel
Mr. S. K. Jena, Advocate
(for the informant)

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CORAM:

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JUSTICE S.K. SAHOO

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ORDER Order No. 04.05.2023

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These matters are taken up through Hybrid arrangement (video conferencing/physical mode).

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// 2 //

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Since both the appeals arise out of one case and with the consent of the learned counsel for both the parties, the same are taken up and are disposed of by this common order.

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Heard learned counsel for the appellants, learned counsel for the State as well as learned counsel for the informant in both the cases.

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Both the appeals are under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with G.R. Case No.77 of 2022 (SC & ST (PoA) Act) arising out of Berhampur Sadar P.S. Case No.422 of 2022 pending in the court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur for offences punishable under sections 147/148/294/506/302/120-B/149 of the Indian Penal Code read with sections 3(2)(v)(va) of the S.C. & S.T. (PoA) Act, 1989.

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The appellants moved applications for bail before the Court of learned Sessions Judge -cum- Special Judge, Ganjam, Berhampur, which were rejected on 08.02.2023.

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Learned counsel for the appellants submits that the appellants are in judicial custody since 15.09.2022 and charge sheet has been submitted under sections 302/294/120-B/34 of the Indian Penal Code read with sections 3(2)(v)(va) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that the occurrence in

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question took place on 13.09.2022 and the first information report was lodged on the very day by one Minati Nahak, the widow of the deceased-Purna Chandra Nahak and she mentioned in the F.I.R. about the previous enmity of his deceased-husband with twenty five persons including the two appellants. Learned counsel further submitted that eye witnesses to the occurrence have not named the appellants or any of the accused persons. Learned counsel for appellants further placed the statement of the eye witness, namely, B. Bapeya Patra, who stated about four persons assaulting the deceased by means of a sword while the deceased was moving in a motorcycle, however, the eye witnesses have stated that they could not identify the assailants as the assailants were wearing masks. Learned counsel for the appellant further submitted that there are no other materials against the appellants and in view of the period of their detention, the bail applications of the appellants may be favourably considered.

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Learned counsel for the State submitted that since the eye witnesses could not identify the culprits, no test identification parade has been conducted and the case diary indicates that the appellant Sagar Behera has no criminal antecedent and so far as the appellant Krushna Chandra Behera, nothing has been mentioned in the case diary about his criminal antecedent.

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Learned counsel for the informant opposed the bail

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applications of the appellants and contended that it is case of gruesome murder and the two legs of the deceased have been severed due to assault made by the sword and the occurrence has taken place on account of previous enmity of the appellants with the deceased and with other co-accused persons.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation against the appellants, since the eye witnesses have not named the appellants to be the perpetrator of the crime and no test identification parade has been conducted and there is no clinching material available on record against the appellants and taking into account the period of detention of the appellants in judicial custody, I am inclined to release the appellants on bail.

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Let the appellant Krushna Chandra Behera (in CRLA No.215 of 2023) and Sagar Behera (in CRLA No.231 of 2023) be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that they shall not try to come in contact with the prosecution evidence, shall not threaten any of the prosecution witnesses, shall appear before the learned

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// 5 //

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trial Court on each date to which the case would be posted for trial and shall not try to tamper with the prosecution evidence.

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Violation of any of the conditions shall entail cancellation of bail.

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Both the CRLAs are accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

Sipun

SIPUN Digitally signed by SIPUN BEHERA Date: BEHER 2023.05.06 A 12:54:28 +05'30'

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Krushna Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krushna Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

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