Disposed

Pramod Kumar Mahakur v. State of Odisha

Orissa HC23 Aug 2024BLAPL/443/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. in a cheating and culpable-homicide case arising from death after an injection administered by the accused posing as a doctor. Forensic report found no poison or drug in the viscera and post-mortem attributed death to cardiac arrest. Court granted bail with conditions.

What did the court decide?

Petitioner directed to be released on bail with conditions of attending every hearing date and not influencing witnesses.

Pramod Kumar Mahakur Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.443 of 2024

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Pramod Kumar Mahakur …. Petitioner Mr. Biraja Prasanna Das, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. S.R. Raula, ASC

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

23.08.2024

1 . The petitioner is an accused in connection with Muribahal P.S. Case No.309 of 2023 corresponding to G.R. Case No.289 of 2023 for the offences punishable under Sections 417/419/420/304 of the IPC pending in the Court of the learned J.M.F.C., Muribahal.

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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.

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3. The prosecution story, as per the F.I.R., is that,

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Page 1 of 4

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the informant, Basudev Mahakur, lodged an F.I.R. in Muribahal P.S. on 19.11.2023 alleging that, one Siba Mahananda of his village sustained an injury on his toe, while cutting a tree. The family members of the said injured contacted the petitioner, who was masquerading himself to be a doctor and treating the local people. The petitioner came to the village of the informant and administered an injection to Siba Mahananda, who became seriously ill due to the reaction of the injection. Then he was taken to the hospital at Kantabanji. During the treatment, the doctor declared him dead. Hence, the F.I.R.

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4. Mr. Biraja Prasanna Das, learned counsel for the petitioner hands up the Chemical Examination Report obtained from the State Forensic Science Laboratory, Rasulgarh, Bhubaneswar during the hearing. The relevant part of the report reads as under:

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“ II. Laboratory Examination

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Sl. No.	Exhibit marked as	Procedure of Examination	Outcome	Attached File(s)
1	A & B	1. Detection of	Poisonous compound,	-
		poisonous compound, alcohol & drugs by Chemical Analysis and TLC Method.	alcohol & drugs could not be detected.

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III. Result of Examination

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Ethyl alcohol, methyl alcohol, barbiturates, benzodiazepine group of drugs, insecticidal, alkaloidal, herbicidal and rodenticidal poison could not be detected in the viscera of the deceased described above.”

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Page 2 of 4

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The medical evidence also indicates that the death of the deceased-victim was caused due to cardiac arrest. The final opinion of the doctor reads as under:

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“ Final Opinion

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1) The above mentioned external injury i.e. presence of laceration over Left greab toe is antemortem in nature and is caused to the subject by means of a hard and Blunt force impact.

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2) Chemical Analysis of Preserved Specimens revealed Absence of any poisonous compound alcohol or any drug.

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3) Cardiac findings are consistent with that of Cardomegalg. Hence the cause of death is due to Cardiac arrest.

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4) The time since death is between 4 – 6 hrs.”

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5. The petitioner had approached the learned Addl. Sessions Judge, Kantabanji in BLAPL No.196 of 2023 praying for the grant of bail. The learned Court below vide its order dated 03.01.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

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6. The petitioner has been in custody since 20.11.2023. In view of the period of custody of the petitioner and the evidence brought on record by the police, I am inclined to enlarge the petitioner on bail. 7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following

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Page 3 of 4

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additional conditions:

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(1) The petitioner shall appear before the Court below, without fail, on every date of hearing; and

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(2) He shall not influence any of the witnesses related to this case in any manner whatsoever.

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In the event that the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Subhasis

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Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 23-Aug-2024 19:12:18

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Page 4 of 4

Pramod Kumar Mahakur v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pramod Kumar Mahakur v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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