Dismissed

Bhagaban Swain v. State of Odisha

Orissa HC2 Aug 2024BLAPL/3474/2024

Case brief

AI extract

What is this about?

This Court declined to entertain a bail application filed by two accused persons in an alleged murder case. It was noted that material witnesses had turned hostile, but the lower court had not considered this evidence yet. Liberty was granted to renew the application before the lower court once it considers the evidence.

What did the court decide?

The bail application is disposed. Liberty granted to renew prayer before the learned Court in seisin upon consideration of evidence.

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

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3474 of 2024

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1. Bhagaban Swain

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….

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Petitioners

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2. Jogi Bhuyan

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Mr. A. Dash, 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

02.08.2024

Order No.

03.

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

¶17

The Petitioners are accused in connection with S.T. Case No.34 of 2023, pending on the file of the learned Additional District & Sessions Judge, Kodala, Ganjam arising out of Kabisuryanagar P.S. Case No.198 of 2022 , for alleged commission of offences under Sections 302/120-B/34 of IPC.

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

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned

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Page 1 of 2

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Additional Sessions Judge, Kodala, by order dated 20.12.2023 in the aforementioned cases, the present BLAPLs have been filed.

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This is the second journey of the Petitioner No.1 (Bhagaban Swain) to this Court. Earlier the bail application of the said Petitioner was rejected by order dated 12.07.2023 in BLAPL No.2524 of 2023.

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It is submitted by the learned counsel for the Petitioners that in the meanwhile, during the currency of trial, material witnesses have been examined and they have not supported the prosecution.

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Taking note of the same, this Court is not inclined to entertain the bail application of the Petitioners at this stage without having the benefit of consideration of the said evidence by the learned Court in seisin.

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Liberty is granted to the Petitioners to renew their prayer before the learned Court in seisin on the basis of the evidence which has come to the fore.

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In the event such an application is filed, learned Court in seisin shall consider the same on its own merit.

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Accordingly, the BLAPL stands disposed of.

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Signature Not Verified (V. NARASINGH) Digitally Signed Ayesha Judge

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Digitally Signed Ayesha Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Aug-2024 10:41:41

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Page 2 of 2

Bhagaban Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagaban Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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