Disposed¶12

Swadhin Meher v. State of Odisha

Orissa HC23 Aug 2024BLAPL/6184/2024

Case brief

AI extract

What is this about?

High Court of Orissa, BLAPL No. 6184 of 2024, Justice V. Narasingh, order dated 23.08.2024; bail under Section 439 Cr.P.C. refused/not entertained at this stage; accused Swadhin Meher; Balangir Town P.S. Case No.33 of 2019; S.C. Case No.8/50/60 of 2019-21-22; Sections 341/394/302/34 IPC; recovery witnesses P.Ws.6 & 12 under Section 27 Evidence Act; identity doubt of star witness P.W.10 left to trial; custody since 30.01.2019; 15 witnesses examined; liberty to renew bail prayer; directions to expedite trial and ensure production of P.Ws.

What did the court decide?

No release on bail at this stage; liberty granted to renew the prayer before the learned Court in seisin at a later stage; Trial Court requested to expedite the trial and State counsel directed to ensure production of witnesses. ¶12

Swadhin Meher Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, an accused in S.C. Case No.8/50/60 of 2019-21-22 (arising out of Balangir Town P.S. Case No.33 of 2019, offences under Sections 341/394/302/34 IPC) whose bail application under Section 439 Cr.P.C. was rejected on 05.04.2024, should be released on bail. +1 more

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Court's answer

Taking prima facie account of the evidence on record, this Court is not inclined to entertain the bail application of the Petitioner at this stage.

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Ratio / Principle

Liberty is granted to the Petitioner to renew his bail prayer before the learned Court in seisin at a later stage.

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Key takeaways

Since the learned Court in seisin is seized of the matter, this Court refrains from making any comment on the evidentiary value of P.W.10.obiter¶8
Since the Petitioner is in custody from 30.01.2019, the learned Trial Court is requested to expedite the trial.ratio¶11
The learned counsel for the State is called upon to impart necessary instruction so that the trial does not linger due to non-production of P.Ws., with copy of the order given to him for necessary follow-up action.

Detailed headnote1 paragraphs

Bail application (BLAPL No. 6184 of 2024) of Swadhin Meher, accused in S.C. Case No.8/50/60 of 2019-21-22 arising out of Balangir Town P.S. Case No.33 of 2019 for offences under Sections 341/394/302/34 IPC, previously refused under S.439 Cr.P.C. by the 1st Addl. Sessions Judge, Balangir on 05.04.2024, is not entertained at this stage: prima facie review of the evidence (including the contested identity of star witness P.W.10, on which the Court expressly declines comment, leaving it to the trial court in seisin) did not favour release. Liberty given to renew the prayer later; as the Petitioner has been in custody since 30.01.2019, the Trial Court is asked to expedite the trial and the State counsel to ensure witness production.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 6184 of 2024

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Swadhin Meher

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…. Petitioner

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Ms. B. Mishra, 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 23.08.2024

Order No.

03.

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

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The Petitioner is an accused in connection with S.C. Case No.8/50/60 of 2019-21-22, pending in the Court of the learned 1^st Additional Sessions Judge, Bolangir, arising out of Balangir Town P.S. Case No.33 of 2019 for alleged commission of offences under Sections 341/394/302/34 of IPC.

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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 his application for bail U/s.439 Cr.P.C. by the learned 1^st Addl. Sessions Judge, Balangir by order dated

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Page 1 of 3

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05.04.2024 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 30.01.2019 and in the meanwhile 15 witnesses have been examined and referring to the evidence on record more particularly that of P.Ws.1 & 10, learned counsel for the Petitioner seeks release.

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It is the contention of the learned counsel for the Petitioner that on a bare perusal of the evidence of P.W.10 who is a star witness on behalf of the prosecution there is serious doubt regarding his identity and only to somehow rope in the present Petitioner he has cited as a witness.

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Learned counsel for the State opposes the prayer for bail and he also refers to the evidence on record of P.Ws.6 & 12 the witnesses to the recovery under Section 27 of the Evidence Act and it is submitted that so far as the identity of P.W.10 is concerned, it’s a matter which has to be gone into at the stage of trial not at the stage of consideration of bail.

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Since the learned Court in seisin is of matter this Court refrains from making any comment qua the submission of the learned counsel for the Petitioner regarding the evidentiary value of P.W.10.

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Page 2 of 3

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Prima Facie taking into account the evidence on record, this Court is not inclined to entertain the bail application of the Petitioner at this stage.

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Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage.

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Since the Petitioner is in custody from 30.01.2019, learned Trial Court is requested to expedite the trial. And, the learned counsel for the State is called upon to impart necessary instruction to ensure that the trial does not linger due to nonproduction of P.Ws. Copy of this order be made over to the learned counsel for the State to take necessary follow up action.

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Accordingly, the BLAPL stands disposed of.

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(V. NARASINGH)

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Ayesha Judge

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Aug-2024 12:50:10

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Page 3 of 3

Swadhin Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Swadhin Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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