Pitabas Satapathy v. State of Odisha

Orissa HC17 Dec 2024BLAPL/10495/2024

Case brief

AI extract

What is this about?

BLAPL No.10495 of 2024; High Court of Orissa; V. Narasingh, J.; 17.12.2024; bail granted; Sections 302/34 IPC; S.483 BNSS; S.T. Case No.161 of 2024; Jagannath Prasad P.S. Case No.61 of 2015; Additional Sessions Judge Bhanjanagar; Pitabas Satapathy; Basudev Nayak; co-accused Dibya Lochan Behera; BLAPL No.6987 of 2023; witnesses resiled; custody since 13.08.2024; bail rejection dated 24.09.2024.

What did the court decide?

Release of the Petitioners on bail on such terms to be fixed by the learned Court in seisin (trial court); BLAPL disposed of accordingly. ¶¶28

Pitabas Satapathy Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.10495 of 2024

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1. Pitabas Satapathy

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Petitioners

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2. Basudev Nayak

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Mr. S.K. Mohanty, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. S.N. Das, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

17.12.2024

Order No.

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

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The Petitioners are accused in connection with S.T. Case No.161 of 2024 pending on the file of learned Additional Sessions Judge, Bhanjanagar arising out of Jagannath Prasad P.S. Case No.61 of 2015 for commission of offence alleged under Sections 302/34 of IPC.

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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.

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Being aggrieved by the rejection of their application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl.

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Sessions Judge, Bhanjanagar by order dated 24.09.2024 in the aforementioned cases, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioners are in custody from 13.08.2024 and since most of the material witnesses have been examined and they have not supported the prosecution, further continuance of the Petitioners in custody is not warranted.

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Learned counsel for the Petitioner also relies on the order dated 21.08.2023 passed by this Court in respect of the release of the co-accused, namely, Dibya Lochan Behera in BLAPL No.6987 of 2023.

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It is apt to note here that while releasing the co-accused, Dibya Lochan Behera, this Court had taken note of the depositions of P.Ws.1 to 12 including the informant-P.W.1 who is the wife of the deceased. Except P.W.1, others have resiled.

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Learned counsel for the State opposes the prayer for bail and submits that the Petitioners were absconders and since they are the police officers, taking into account the nature of allegations, they ought not to be released on bail at this stage.

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This Court perused the depositions of P.Ws.1, 4 and 7.

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Considering the manner of the accusation visà-vis the Petitioners, the evidence on record and the

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release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Dec-2024 19:18:08

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Pitabas Satapathy v. State of Odisha

Case brief

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Pitabas Satapathy v. State of Odisha

Case brief

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