Dismissed¶9

Ganeswar Singh@Tupuli v. State of Odisha

Orissa HC2 Jul 2024BLAPL/6182/2024

Case brief

AI extract

What is this about?

Bail application dismissed; bail refused at fag end of trial; trial-completion deadline of two months imposed on trial court; conditional liberty for fresh BLAPL if trial unfinished. Keywords: BLAPL No.6182 of 2024; High Court of Orissa; Dr Justice S.K. Panigrahi; Section 302/304(B) IPC; murder/dowry-death burn case; Remuna Police Station FIR 0191 dt. 11.12.2019; S.T. Case No.37 of 2021; 3rd Additional Sessions Judge Balasore; custody since 12.12.2019; two witnesses remaining; expedite trial; fresh bail application.

What did the court decide?

Bail denied; however, court in seisin directed to conclude the trial preferably within two months, failing which the petitioner may file a fresh bail application before this Court. ¶9

Ganeswar Singh@Tupuli Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6182 of 2024

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Ganeswar Singh @ Tupuli …. Petitioner Represented By Adv. Mr. J.K. Majhi

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-versus-

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…. State of Odisha Opposite Parties Mr.G.R.Mohapatra,ASC

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CORAM: DR.JUSTICE S.K. PANIGRAHI

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Order ORDER No.3 02.07.2024

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F.I.R . No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0191	^11.12.2019	Remuna	S.T. Case No.37 of 2021 arising out of Remuna P.S.	Section 302/304 (B) of I.P.C.
			Case No.191 of 2019 pending in the Court of learned
			3^rd Additional
			Sessions Judge, Balasore

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned

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counsel for the State.

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Page 1 of 3

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// 2 //

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3 . The petitioner is being in custody in connection with S.T. Case No.37 of 2021 arising out of Remuna P.S. Case No.191 of 2019 pending in the Court of learned 3^rd Additional Sessions Judge, Balasore registered for the alleged commission of offence under Section 302/304(B) of I.P.C. has filed this petition for his release on bail.

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4 . The prosecution case, in brief, is that T he prosecution allegation, in short, is that one Chadehi Singh lodged an FIR alleging therein that when his grant-daughter Kunduri @ Sumitra Singh was on the way of coming to her parental house, her husband took her to his house and poured kerosene on her and set her on fire. When his neighbours came to know of the matter, they shifted her to DHH, Balasore and later she was referred to SCB Medical College and Hospital, Cuttack. During treatment, his wife succumbed to her injuries. After the death of the granddaughter of the Informant, the matter was brought before her husband and his family members, they threatened of dire consequences. Hence, the matter was reported to the Police.

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5 . Learned counsel for the Petitioner submits that the Petitioner is an innocent person and he is no way connected in this case. He has been falsely entangled in

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Page 2 of 3

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// 3 //

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this case. The Petitioner has been in custody since 12.12.2019.

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6 . Learned counsel for the Petitioner submits that only two persons have been left to be examined by the court below.

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7. Learned counsel for the State vehemently opposes the bail prayer of the petitioner.

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8. Since the trial has almost at the fag end, this Court is not inclined to release the Petitioner on bail.

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9. Accordingly, the BLAPL is dismissed.

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10. However, the court in seisin over the matter is directed to conclude the trial at the earliest possible preferably within a period of two months. If the court in seisin over the matter does not complete the trial within the aforesaid period, the Petitioner is granted liberty to approach this Court by filing a fresh application for bail.

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11. Accordingly, the BLAPL is dismissed.

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12. Issue urgent certified copy of the order pas per Rules.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Jul-2024 13:57:08

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Ganeswar Singh@Tupuli v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ganeswar Singh@Tupuli v. State of Odisha

Case brief

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