Basudev Pradhan Vs State of Odisha

The Petitioner is an accused in connection with Sessions Case No.47 of 2022, pending on the file of the learned Additional Sessions Judge, Patnagarh, arising out of Belpada P.S. Case No.52 of 2022 , for commission of alleged offences under Sections 302/34 of IPC read with Sections 25/27 of Arms Act.

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Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Patnagarh by order dated 09.01.2024 in 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 the bail application of the Petitioner was rejected by this

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Court by order dated 25.08.2022 in BLAPL No.7498 of 2022. Thereafter, Petitioner moved this Court in BLAPL No.1082 of 2023 which was disposed of by order dated 08.08.2023.

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It is submitted by the learned counsel that the Petitioner is in custody since 30.03.2022 and as trial has progressed and wife of the deceased has been examined in the meanwhile and referring to the said statement, it is submitted by he learned counsel for the Petitioner that the overt act is attributed to one Naresh Sahoo. Hence, further continuance of the Petitioner in custody is not warranted.

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It is his further submission that the only allegation against the present Petitioner at best can be of under Section 120-B and he also relies on the orders dated 22.09.2022, 29.09.2022, 16.01.2023 of this Court passed in respect of the co-accused, namely, Karuna Bag, Kusadhaja Majhi @ Raja @ Kushadhwaja Majhi, Santosh Kumar Dash in BLAPL Nos.4688 of 2022, 4690 of 2022 and 9828 of 2022 respectively and seeks release of the Petitioner.

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In opposition, the learned counsel for the State submits that there are materials on record indicating that there is dying declaration of the deceased implicating the present Petitioner and the witnesses to the dying declaration i.e. C.W.1-Anil Kumar Biswal, the son of the deceased and C.W.2 -Dolamani Sahu, C.W.5Giridhari Biswal and C.W.6-Biswamitra Sahu are yet to be examined.

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Per contra, learned counsel for the Petitioner refers to the deposition of P.W.2, wife of the deceased and submits that she does not refer to any dying declaration and she has identified Naresh Sahu, as the persons who opened fire. Hence, no credence can be attached to the statements of C.Ws.1, 2, 5 and 6 on which reliance

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has been placed by the learned counsel for the State in opposing the bail application.

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Learned counsel for the State draws the attention of this Court to the deposition of P.W.3 who has referred to dying declaration in which the Petitioner has been cited as one of the assailants. The veracity of the same is a matter of trial.

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This Court perused the orders relating to the co-accused noted hereinabove. Ex-facie the said co-accused are not similarly placed. Inasmuch as, the present Petitioner along with one Niyanta Biswal and Badbudha Sa are the named accused.

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Prima facie this Court is not persuaded to hold that there are no materials on record regarding the involvement of the Petitioner.

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Considering the same, this Court is not inclined to entertain the bail application at this stage.

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Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage.

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Accordingly, the BLAPL stands disposed of.

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(V. NARASINGH) Santoshi Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2024 20:27:14

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Basudev Pradhan v. State of Odisha

Case brief

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Basudev Pradhan v. State of Odisha

Case brief

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