Siu@Silu Munda@Indwar Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Siu@Silu Munda@Indwar Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail on terms to be fixed by the learned Court in seisin, subject to the additional condition of monthly appearance before the jurisdictional police station till conclusion of trial, with certification of appearance to the Court in seisin; the BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, whose earlier bail application was rejected on 13.01.2023 in BLAPL No.11121 of 2022, should now be released on bail, given that the two key witnesses (CSW-2 & 3) have since been examined as P.W.7 and P.W.8 and have resiled.

Court's answer

Considering the nature of allegations, the evidence adduced, and that the Petitioner and the deceased are related, the Court directed the Petitioner to be released on bail on such terms as to be fixed by the learned Court in seisin.

Ratio / Principle

As an additional direction, the Petitioner shall appear before the jurisdictional police station once every month, on date and time to be fixed by the learned Court in seisin, till conclusion of trial, and certification of such appearance shall be submitted to the Court in seisin.

Detailed headnote1 paragraphs

Bail - renewed application after earlier rejection (order dated 13.01.2023 in BLAPL No.11121 of 2022) - accused in S.T. Case No.71 of 2022 (Rairakhol P.S. Case No.94 of 2022) under Sections-302/34 IPC - earlier rejection was conditioned on liberty to renew after examination of two key witnesses (son Prince Munda and wife Puspanjali Munda of the deceased as CSW-2 & 3) - said witnesses examined as P.W.7 and P.W.8 and resiled - held: considering the nature of allegations, evidence adduced, and that the Petitioner and the deceased are related, Petitioner to be released on bail on terms to be fixed by the learned Court in seisin - additional direction: monthly appearance before jurisdictional police station till conclusion of trial, with certification to the Court in seisin - BLAPL disposed of (V. Narasingh, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1821 of 2024

Siu @ Silu Munda @ Indwar

Petitioner

Mr. P.K. Pradhan, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. T.K. Praharaj, SC

CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

16.04.2024

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

The Petitioner is an accused in connection with S.T. Case No.71 of 2022 pending on the file of learned Addl. Sessions Judge, Rairakhol, arising out of Rairakhol P.S. Case No.94 of 2022 for commission of offence alleged under Sections-302/34 of IPC.

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.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the Addl. Sessions Judge, Rairakhol by order dated 30.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier this Court was rejected the bail application of the Petitioner by order dated 13.01.2023 by this Court in BLAPL No.11121 of 2022 taking into account the materials on record.

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While doing so, this Court had granted liberty to renew his prayer after examination of two key witnesses son-Prince Munda & wife-Puspanjali Munda of the deceased as CSW-2 & 3 respectively. 7. It is stated by the learned counsel that in the meanwhile the said witnesses have been examined as P.W.7 and 8 and they have resiled. Referring to the same, learned counsel for the Petitioner seeks release.

Learned counsel for the State opposes the prayer for bail & stating, inter alia, that during currency of trial, it is not open for this Court to make a clinical examination of evidence on record.

Considering the nature of allegations evidence adduced and that the Petitioner as well as the deceased are related, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Additionally it is directed that, the 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.

Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Apr-2024 19:44:10

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