Disposed¶27

Pandu Kumar Behera v. State of Odisha

Orissa HC29 Aug 2024BLAPL/2790/2024

Case brief

AI extract

What is this about?

BLAPL No. 2790 of 2024, Pandu Kumar Behera v. State of Odisha, decided 29.08.2024 by Justice V. Narasingh (High Court of Orissa at Cuttack). Bail application concerning offences under Sections 341/294/506/302/201 IPC in S.C. Case No.45/09 of 2023 arising out of Binka P.S. Case No.288 of 2022, pending before the Additional Sessions Judge, Sonepur. Third bail application; earlier liberty to renew after examination of the mother of the deceased (P.W.1). Held: on the tenor of P.W.1's deposition, offence under Section 302 IPC not held to be absent at this stage; bail not entertained; trial court directed to conclude trial expeditiously.

What did the court decide?

No bail relief; the bail application was not entertained, with a direction to the learned Court in seisin to conclude the trial expeditiously. ¶27

Pandu Kumar Behera 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. 2790 of 2024

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Pandu Kumar Behera

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Petitioner

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Mr. S. P. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

29.08.2024

Order No.

01.

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

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The Petitioner is an accused in connection with S.C. Case No.45/09 of 2023 pending on the file of learned Additional Sessions Judge, Sonepur, arising out of Binka P.S. Case No.288 of 2022 for commission of offence alleged under Sections 341/294/506/302/201 of IPC.

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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.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sonepur by order dated 26.02.2024 in

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Page 1 of 3

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the aforementioned case, the present BLAPL has been filed.

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This is the third journey of the Petitioner to this Court. Earlier bail applications of the Petitioner i.e. BLAPL Nos.5375 of 2023 and 6553 of 2023 were disposed of by this Court by orders dated 17.05.2023 and 19.07.2023 respectively.

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While not entertaining the bail application of the Petitioner by order dated 19.07.2023 in BLAPL No.6553 of 2023, this Court had granted liberty to the Petitioner to renew his prayer before the learned Court in seisin after examination of the mother of the deceased (Sandhyarani Sebak)- CSW No.1.

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The said witness has been examined as P.W.1. Referring to the same, learned counsel for the Petitioner submits that it cannot be said ex facie to be a case under Section 302 of IPC.

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Such submission is opposed by the learned counsel for the State referring to the order of rejection. 9. Considering the tenor of the deposition of P.W.1, this Court is not persuaded to hold at this stage that the offence under Section 302 of IPC is not made out against the Petitioner. Hence, this Court is not inclined to entertain the bail application.

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