Jadu @ Hemasagar Pradhan Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Jadu @ Hemasagar Pradhan Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail not granted at this stage; the BLAPL was disposed of with liberty to the petitioner to renew his bail application before the trial Court immediately after Binod Kumbhar and Surendra Behera are examined, coupled with a direction to the trial Court to examine those two witnesses in preference to other formal witnesses.

Issue for consideration

Whether bail should be granted at this stage to the petitioner, accused under Sections 302/34 IPC in Burla P.S. Case No.417 of 2023 / G.R. Case No.637 of 2023, when the two prosecution witnesses whom the Court found to be vital have not yet been examined.

Court's answer

Having extensively read the statements recorded under Section 161 Cr.P.C., the presiding Judge found Binod Kumbhar and Surendra Behera to be vital witnesses to the prosecution who had not yet been examined in the present case.

Ratio / Principle

Because those two vital prosecution witnesses remain unexamined, the Court was not inclined to entertain the present bail application at this stage.

Key takeaways

Liberty was granted to the petitioner to renew his bail application before the trial Court immediately after the abovementioned two witnesses are examined.ratio¶19
The learned trial Court was directed to give preference to examining Binod Kumbhar and Surendra Behera over all other formal witnesses.ratio¶20

Detailed headnote1 paragraphs

Bail application disposed of without granting bail — Jadu @ Hemasagar Pradhan v. State of Odisha (BLAPL No.432 of 2024, decided 02.09.2024, Justice Sibo Sankar Mishra, High Court of Orissa at Cuttack). The petitioner is an accused in Burla P.S. Case No.417 of 2023 corresponding to G.R. Case No.637 of 2023 for the offence punishable under Sections 302/34 IPC pending before the learned 1st Addl. Sessions Judge, Sambalpur; his earlier bail application was rejected vide order dated 10.01.2024 in BLAPL No.20/08 of 2024. After extensively reading the witnesses' statements recorded under Section 161 Cr.P.C., the Judge found Binod Kumbhar and Surendra Behera to be vital prosecution witnesses who have not yet been examined, and therefore declined to entertain the present bail application at this stage. Liberty was granted to renew the bail application before the trial Court immediately after those two witnesses are examined, and the trial Court was directed to give preference to examining them over all other formal witnesses.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.432 of 2024

Jadu @ Hemasagar Pradhan …. Petitioner Mr. Laxmi Narayan Patel, Advocate

-versus-

State of Odisha

…. Opp. Party Mr. S.K.Mishra, ASC

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

02.09.2024

1 . The petitioner is an accused in connection with Burla P.S. Case No.417 of 2023 corresponding to G.R. Case No.637 of 2023 for the offence punishable under Sections 302/34 of the IPC pending in the Court of the learned 1^st Addl. Sessions Judge, Sambalpur.

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 bail application of the petitioner has been rejected vide order dated 10.01.2024 passed by the

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learned 1^st Addl. Sessions Judge, Sambalpur in BLAPL No.20/08 of 2024.

4. The statements of the witnesses recorded under Section 161 of the Cr. P.C. were read over to me extensively. I found that two witnesses, namely, Binod Kumbhar and Surendra Behera are the vital witnesses to the prosecution. They have not yet been examined in the present case.

5. Therefore, I am not inclined to entertain the present bail application at this stage. However, liberty is granted to the petitioner to renew his bail application before the trial Court immediately after the abovementioned two witnesses are examined.

6. The learned trial Court is directed to give preference to examine the above two witnesses over all the other formal witnesses.

7. With the aforementioned observation, the BLAPL is disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 03-Sep-2024 20:22:40

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