Khiramohan Singh Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Khiramohan Singh Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail application not entertained at this stage; liberty to renew the prayer before the learned Court in seisin after examination of C.Ws.1 to 3.

Issue for consideration

Whether the Petitioners — accused under Sections 147/148/323/302/506/149 of IPC in S.T. Case No.179 of 2023 arising out of Hatibari P.S. Case No.53 of 2023, in custody since 27.04.2023 with charge sheet filed on 04.07.2023, and earlier refused bail U/s.439 Cr.P.C. — may be released on bail, inter alia on the ground of parity with the co-accused released by order dated 12.09.2023 in BLAPL No.9694 of 2023.

Court's answer

Having perused the statements of the wife, mother and son of the deceased (C.Ws.1 to 3, stated eyewitnesses), the Court is not persuaded that the present Petitioners are similarly circumstanced with the co-accused persons who were released on bail; the parity ground therefore fails.

Ratio / Principle

The Court is not inclined to entertain the present bail application at this stage.

Key takeaways

Liberty is granted to the Petitioners to renew their bail prayer before the learned Court in seisin after examination of C.Ws.1 to 3.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice V. Narasingh), BLAPL No. 1041 of 2024, order dated 04.04.2024: bail plea of Khiramohan Singh and another, accused under Sections 147/148/323/302/506/149 IPC in S.T. Case No.179 of 2023 (1st Addl. Sessions Judge, Rourkela) arising out of Hatibari P.S. Case No.53 of 2023, earlier refused under S.439 Cr.P.C. by the 2nd Additional Sessions Judge, Rourkela on 19.10.2023. Counsel sought release citing custody since 27.04.2023, charge sheet filed on 04.07.2023, and parity with co-accused bailed by order dated 12.09.2023 in BLAPL No.9694 of 2023; State counsel opposed, noting those co-accused were all ladies. After perusing the statements of the deceased's wife, mother and son (C.Ws.1 to 3, stated eyewitnesses), the Court found the Petitioners not similarly circumstanced with the released co-accused, declined to entertain the application at this stage, and disposed of the BLAPL with liberty to renew the prayer before the Court in seisin after examination of C.Ws.1 to 3.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1041 of 2024

Khiramohan Singh and another

Petitioners

Ms. G. Majhi, Advocate

-versus-

State of Odisha

Opposite Party

Mr. T.K. Praharaj, SC

CORAM: JUSTICE V. NARASINGH

ORDER 04.04.2024

Order No.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are accused in connection with S.T. Case No.179 of 2023 pending on the file of learned 1^st Addl. Sessions Judge, Rourkela, arising out of Hatibari P.S. Case No.53 of 2023 for commission of offence alleged under Sections 147/148/323/302/506/149 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2^nd Additional Sessions Judge, Rourkela by order dated 19.10.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioners are in custody since 27.04.2023 and as charge sheet has already been filed on 04.07.2023 and relying on the order relating to the coaccused dated 12.09.2023 in BLAPL No.9694 of 2023, Petitioner seeks release inter alia on the ground of parity.

Learned counsel for the State opposes the prayer for bail and submits that the Petitioners are not similarly circumstanced since the co-accused, who were released on bail, were all ladies and that had weighed with this Court in considering their bail application.

Perused the statement of wife, mother and son of the deceased, C.Ws.1 to 3 respectively, who are stated to be eye witnesses.

On perusal of the same, this Court is not persuaded to hold that the present Petitioners are similarly circumstanced with the coaccused persons, who were released on bail.

Hence, this Court is not inclined to entertain this bail application at this stage.

Liberty is granted to the Petitioners to renew their prayer before the learned Court in seisin after examination of C.Ws.1 to 3 11. Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Apr-2024 19:10:33

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