Bhagaban Pangi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Bhagaban Pangi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail declined at this stage; liberty granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of the material witnesses including the wife of the deceased, with any renewed application to be considered on its own merits uninfluenced by prior rejections.

Issue for consideration

Whether the bail application of the Petitioner, an accused in C.T. Case No.45 of 2022 arising out of Jodambo P.S. Case No.01 of 2022 (offences under Sections 302/120B/201/34 IPC), whose Section 439 Cr.P.C. plea was rejected on 22.03.2024, should be entertained by this Court at this stage.

Court's answer

Taking into account the nature of the allegation and the manner in which the offence has been committed, this Court is not inclined to entertain the bail application of the Petitioner at this stage.

Ratio / Principle

Liberty is granted to the Petitioner to renew his bail prayer before the learned Court in seisin after examination of the material witnesses, including the wife of the deceased.

Key takeaways

If the application is renewed, it shall be considered on its own merits, without being influenced by the earlier rejection or the order passed by this Court.ratio¶25
The observations in this order are made solely for the purpose of consideration of bail and must not be construed as this Court expressing any opinion on the Petitioner's complicity, which is to be adjudged independently in the impending trial.obiter¶26

Detailed headnote1 paragraphs

Bail — Regular bail (S.439 Cr.P.C.) declined. Petitioner, accused in C.T. Case No.45 of 2022 before Addl. Sessions Judge, Malkangiri, arising out of Jodambo P.S. Case No.01 of 2022 for offences under Sections 302/120B/201/34 IPC, appeared before the Orissa High Court for the third time (BLAPL No.6364 of 2022 rejected 26.07.2022 during currency of investigation; BLAPL No.12252 of 2022 withdrawn 23.08.2023) after rejection of his bail plea by the Addl. Sessions Judge, I/c, Malkangiri on 22.03.2024. Taking into account the nature of the allegation and the manner of commission of the offence, Justice V. Narasingh (19.04.2024) held the Court not inclined to entertain bail at this stage; liberty granted to renew the prayer after examination of material witnesses including the wife of the deceased, with assurance of fresh consideration on its own merits uninfluenced by earlier rejections; observations expressly confined to bail considerations, without prejudice to adjudication of complicity in trial.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2905 of 2024

Bhagaban Pangi

…. Petitioner

Mr. J.K. Panda, Advocate

-versus-

State of Odisha

Opposite Party

Mr. H.K. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

19.04.2024

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

The Petitioner is an accused in connection with C.T. Case No.45 of 2022 pending on the file of learned Additional Sessions Judge, Malkangiri, arising out of Jodambo P.S. Case No.01 of 2022 for commission of offence alleged under Sections-302/120B/201/34 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, I/c, Malkangiri by order dated 22.03.2024 in the aforementioned case, the present BLAPL has been filed.

This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 26.07.2022 by this Court in BLAPL No.6364 of 2022 since

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the same was during currency of investigation and thereafter the Petitioner moved this Court in BLAPL No.12252 of 2022. Which was disposed of by order dated 23.08.2023 as withdrawn.

Perused the order of rejection and materials on record qua the accusation vis-à-vis the Petitioner.

Taking into account the nature of allegation and the manner in which the offence has been committed, this Court is not inclined to entertain the bail application of the Petitioner at this stage.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of the material witnesses including the wife of the deceased.

In the event the application is filed, the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

It is needless to state here that the observations made herein are only for the purpose of consideration of bail and ought not to be construed as this Court expressing any opinion regarding the complicity of the petitioner and the same has to be adjudged independently in the impending trial.

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: 22-Apr-2024 15:47:41

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