Disposed

Santosh Pradhan v. State of Odisha

Orissa HC9 Aug 2024BLAPL/2027/2024

Case brief

AI extract

What is this about?

High Court rejected a bail petition in a murder and criminal conspiracy case, exercising liberty to renew after victim examination and ordering trial court to prioritize eye witness testimony within six months.

What did the court decide?

Bail application disposed; liberty granted to renew plea after victim examination; trial court directed to examine eye-witnesses preferentially within six months.

Santosh Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2027 of 2024 Santosh Pradhan & others …. Petitioners

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Dr. Binoda Kumar Mishra, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. B.K.Ragada AGA

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

02.

ORDER 09.08.2024

1 . The petitioners are accused in connection with Pattapur P.S. Case No.473 of 2023 corresponding to G.R. Case No.456 of 2023 for the offences punishable under Sections 294/302/506/34/341 of the IPC pending in the Court of the learned 1^st Addl. Sessions Judge, Berhampur, Ganjam in S.T. No.264 of 2023.

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2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.

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3. The petitioners are aggrieved by the order dated 22.11.2023 passed in S.T. No.264 of 2023, whereby the bail plea of the petitioners has been rejected by

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the trial Court.

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4. I have perused the statement of the victim witness recorded under Section 164 Cr.P.C. I am not inclined to admit the petitioners on bail at this stage. However, liberty is granted to the petitioners to renew their bail plea after the victim has been examined in the instant case.

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5. It is expected that the trial Court does well to see that the eye witnesses are examined preferentially over the formal witnesses. If the testimony of the eye witnesses are not recorded within six months for reasons not attributable to the accused, the petitioners can revive their bail application. The bail application is to be moved before the trial Court after expiry of the period as indicated above shall be considered by the trial Court on its own merit on the basis of the available records.

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6. With the aforementioned liberty, the BLAPL is disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 11-Aug-2024 08:48:16

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Santosh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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