Disposed

Gananath Padhan @ Gana Padhan @ Ganesh Padhan v. State of Odisha

Orissa HC12 Apr 2024BLAPL/1078/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC by an accused in a murder case after rejection by the Sessions Court. The Court noted the petitioner's acquittal in two antecedent IPC cases, the release of a co-accused, and its own earlier grant of bail, and released him with a condition of monthly police-station appearance.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the trial court, with condition of monthly appearance before jurisdictional police station till conclusion of trial.

Gananath Padhan @ Gana Padhan @ Ganesh Padhan Vs… — Murder and Culpable Homicide | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 1078 of 2024

¶3

…. Gananath Padhan @ Gana Padhan @ Ganesh Pradhan

¶4

Petitioner

¶5

Mr. S. Padhee, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opposite Party

¶9

Mr. K.K. Gaya, ASC

¶10

CORAM: JUSTICE V. NARASINGH

ORDER

12.04.2024

Order No.

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

¶16

The Petitioner is an accused in connection with C.T. Case No.90/35 of 2023 pending on the file of learned District and Sessions Judge, Bargarh, arising out of Barpali P.S. Case No.360 of 2022 for commission of alleged offence under Section 302/348/364/34 of IPC.

¶17

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

¶18

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Bargarh by order dated 05.12.2023 in the aforementioned case, the present BLAPL has been filed.

¶19

Page 1 of 3

¶20

Earlier the Petitioner was directed to be released on bail by this Court by order dated 09.10.2023 in BLAPL No.9496 of 2023 taking into account the release of the co-accused. While so releasing, this Court directed that such release shall be subject to verification of criminal antecedent.

¶21

Since the Petitioner has admittedly four criminal antecedent inasmuch as, he has been cited as an accused in (1)Barpali P.S. Case No.134 of 2005 U/s.143/294/506/149 of IPC, (2) Barpali P.S. Case No.72 of 2006 U/s.147/323/506/427/379/149 of IPC, (3) Barpali P.S. Case No.221 of 2017 U/s.52(a) of the Orissa Excise Act, (4) Barpali P.S. Case No.151 of 2018 U/s.52(a) of the Orissa Excise Act, the learned Court in seisin rejected the bail application.

¶22

He had filed an I.A. for modification of this Court’s order and the same was rejected. Thereafter, the Petitioner moved the learned Court in seisin afresh. Such application being rejected by the impugned order, the present bail application is being moved.

¶23

Perused the materials on record qua the accusation vis-àvis the Petitioner. It is apt to note here that taking note of the same, this Court had granted bail to the Petitioner.

¶24

Learned counsel for the State opposes the prayer for bail. 10. So far as antecedents are concerned, it is submitted, on instruction, that the Petitioner has been acquitted in Barpali P.S. Case No.134 of 2005 and Barpali P.S. Case No.72 of 2006 which are under the IPC.

¶25

Taking note of such submission and release of the coaccused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

¶26

Page 2 of 3

¶27

Keeping in view the criminal proclivity of the Petitioner, additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

¶28

Accordingly, the BLAPL stands disposed of.

¶29

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

¶30

(V. NARASINGH) Judge

¶31

Santoshi

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Apr-2024 12:22:04

¶34

Page 3 of 3

Gananath Padhan @ Gana Padhan @ Ganesh Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gananath Padhan @ Gana Padhan @ Ganesh Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raka @ Rakesh @ Nursingha Charan Jena Vs State of Odisha

Balamunkunda Behera Vs State of Odisha

Anantadan Baipari Vs M/S.O.F.D.C.Ltd.

Mukteswar Rana Vs State of Odisha

Madhusmita Sethi Vs State of Odisha

Kejuram Bibhar Vs State of Odisha