Dupasingh Karuan Vs State of Odisha

This is an application under section 439 of Cr.P.C. in connection with Belpada P.S. Case No.146 of 2019 corresponding to Sessions Case No.61 of 2023 pending in the Court of learned Additional Sessions Judge, Patnagarh for offences punishable under sections 341/302/34 of the Indian Penal Code.

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The petitioners moved an application for bail before the Court of learned Additional Sessions Judge, Patnagarh, which was rejected on 31.01.2024.

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Learned counsel for the petitioners submitted that

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the petitioners are in judicial custody since 17.08.2023 and they have been charge sheeted under sections 341/302/34 of the Indian Penal Code. Learned counsel further submitted that the occurrence in question took place on 05.09.2019 and there is no direct evidence in the case and the substantial evidence is that of extra judicial confession as well as last seen of the deceased in the company of the accused persons. Learned counsel further submitted that the witness to the extra judicial confession, namely, Biswanath Karuan being examined as P.W.2 in the connected Sessions Case No.06 of 2020 has not supported the prosecution case for which he was declared hostile and two of the co-accused persons, namely, Tahasil Karuan and Amarsingh Karuan have already been released on bail and though as per the statement of Nilambar Karuan and Pitambar Dandsen, the deceased was last seen in the company of the accused persons including the petitioners but same material is also there against the coaccused Tahasil Karuan and Amarsingh Karuan, who have already been released on bail and therefore, the bail application of the petitioners may be favourably considered. The bail order copies have been annexed to the bail application as Annexure-3 series.

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Learned counsel for the State after verification of the case record fairly submitted that the petitioners are similarly situated like the co-accused persons, who have been released on bail. However, he submitted that the petitioners were absconder for about four years.

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Considering the submissions made by the learned

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counsel for the respective parties, the nature of accusation against the petitioners, absence of any direct evidence, since the co-accused persons similarly situated have already been released on bail, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioners shall appear before the learned trial Court on each date to which the case is posted for trial, shall not try to tamper with the prosecution evidence and shall not indulge in any criminal activities while on bail.

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Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 10-Apr-2024 18:03:08

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Dupasingh Karuan v. State of Odisha

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Dupasingh Karuan v. State of Odisha

Case brief

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