The High Court in CRLA No. 480 of 2023 dismissed an appeal against rejection of bail. Despite an amicable settlement and witness absence, the court denied bail due to the gravity of the charges under the SC/ST Act and presence of other eye-witnesses.
Bail application is rejected; appeal against such rejection is disposed of and dismissed.
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
CRLA No.480 of 2023
Kanhu Charan Basanti
Appellant
Mr.B. Mansingh, Advocate
-versus-
State of Odisha & another
…. Respondents
Mrs. Susamarani Sahoo
Addl. Standing Counsel
Mr. K. D. Samanta, Advocate for respondent no.2
CORAM: JUSTICE S.K. SAHOO ORDER
Order No.
18.05.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard the learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A of the S.C. & S.T. (PoA) Act, 1989 in connection with Purusottampur P.S. Case No.504 of 2022 corresponding to G.R. Case No.67 of 2022 pending in the file of learned Addl. Sessions Judge -cum- Special Judge, Chatrapur for the commission of offences under sections 341/294/323/324/307/302/34 of the Indian Penal Code read with section 3(1)(r)(s)/3(2)(v)
// 2 //
of the S.C. & S.T. (PoA) Act.
The application for bail of the appellant has been rejected by the learned Addl. Sessions Judge -cumSpecial Judge, Chatrapur, as per order dated 27.04.2023.
Learned counsel for the appellant submitted that when the appellant approached this Court for bail vide CRLA No.899 of 2022, the same was rejected vide order dated 10.01.2023 granting liberty to the appellant to renew the prayer for bail after examination of the eye witnesses in the learned trial Court. Learned counsel for the appellant further submitted that in the meantime, matter has been amicably settled and the informant has no objection, if the appellant is released on bail.
In view of the available materials on record, the nature and gravity of accusation and since there are other eye witnesses to the occurrence and there is no change in the circumstances, I am not inclined to enlarge the appellant on bail.
Accordingly, the CRLA stands disposed of.
( S.K. Sahoo) Judge
Signature Not VerifiedSipun
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-May-2023 16:58:05
Page 2 of 2
2 issues framed by the court
Whether the appellant can be released on bail given the nature and gravity of the accusation and absence of changed circumstances.
Whether the amicable settlement and lack of objection by the informant warrant granting bail in this specific case.
3 provisions across 2 enactments
Kanhu Charan Basanti
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
