Petitioner accused of murder sought bail. Court denied bail due to serious evidence but ordered trial court to examine eye witnesses first.
Liberty granted to renew bail plea before trial court after examination of four eye witnesses within six months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2907 of 2024
Nanda @ Sushanta Naik …. Petitioner Mr. Bharat Bhusan Routray, Advocate
-versus-
State of Odisha
…. Opp. Party Mr. S.K.Mishra, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER
05.09.2024
1 . The petitioner is an accused in connection with Banarpal P.S. Case No.259 of 2023 corresponding to C.T. (Sessions) Case No.320 of 2023 for the offence punishable under Section 302/34 of the IPC pending in the Court of the learned Sessions Judge, Angul.
2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
3. The petitioner is aggrieved by the order dated
20.11.2023 passed by the learned Sessions Judge,
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Angul, whereby the bail plea of the petitioner has been rejected.
4. Mr. Routray, learned counsel for the petitioner submits that the co-accused in the present case has already been granted bail. He tried to draw the parity with the co-accused, who has been enlarged on bail. The co-accused enlarged on bail being a lady having two minor children.
5. The evidence against the petitioner is serious in nature. There are allegedly four eye witnesses to the occurrence. Therefore, I am not inclined to enlarge the petitioner on bail. However, liberty is granted to the petitioner to renew his bail plea before the trial Court, after the four eye witnesses are examined by the Court below.
6. Learned trial Court is directed to examine the eye witnesses preferentially over the other formal witnesses. If for any reason whatsoever the four eye witnesses could not be examined within a period of six months, the petitioner is granted liberty to renew his bail plea before the Court below. If the petitioner files the bail application before the Court below, the same shall be considered on its own merit.
7. With the aforesaid observation, the BLAPL is disposed of.
Subhasis
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Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Sep-2024 19:17:04
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2 issues framed by the court
Whether to grant bail to the petitioner pending trial for murder and abetment
Whether liberty can be granted to renew bail after examination of eye witnesses
1 provisions across 1 enactments
NANDA @ SUSHANTA NAIK
STATE OF ODISHA
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
