Jitendra Kumar Jujharsingh Vs State of Odisha

Signature Not Verified

Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-Apr-2024 17:43:20

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 581 of 2024

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Jitendra Kumar Jujharsingh

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Petitioner(s)

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Mr. S. P. Dash, Advocate

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-versus-

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State of Odisha

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Opposite Party(s)

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Mr. S. Pattnaik, AGA

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

02.04.2024

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

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The Petitioner is an accused in S.T. Case No.142 of 2023 pending on the file of learned Sessions Judge, Nayagarh arising out of Fategarh P.S Case No.34 of 2023, for commission of the offence alleged under Sections 498-A/304-B/306/34 IPC and Section 4 of the D.P Act.

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

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh, by order dated 18.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This Court by order dated 31.08.2023 in BLAPL No.7849 of 2023 was not inclined to entertain the bail application of the Petitioner taking note of the external injuries mentioned in

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAINDesignation: Assistant Registrar-cum-Senior Secretaryparagraph-7 thereof. For convenience of reference said paragraph is Reason: Authentication Location: Orissa High Court, Cuttack e xtra cted hereunder: Date: 03-Apr-2024 17:43:20

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“7. So far as external injuries are concerned, opinion of the doctor conducting the post-mortem runs thus:

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“I. OPINION

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External injury no.1 is antemortem and could be due to

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intubation injury consistent with clinical records.

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External injury no.2,3 and 4 are antemortem in nature and

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could be due to hard and blunt force impact.

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The internal injuries to the liver are antemortem in nature

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could be as a result of hard and blunt force impact.

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The cause of death is kept reserve pending, chemical analysis of routinely preserved visera which is handed over to police for examination at SFSL as per request of the police.

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The time since death is 6-12 hours at the time of postmortem examination.”

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Learned counsel for the Petitioner seeks release on account

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of procrastination of the trial.

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Learned counsel for the State opposes the prayer.

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Considering the nature of allegation and the manner in which the offence has been committed, this Court is not inclined to entertain this application at this stage.

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Liberty is granted to the Petitioner to renew his prayer after examination of the material witnesses.

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The BLAPL is accordingly disposed of.

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(V. NARASINGH) Judge

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PKS

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Jitendra Kumar Jujharsingh v. State of Odisha

Case brief

What is this about?

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Jitendra Kumar Jujharsingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

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