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

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

What the court decided

AI extract

Outcome

Petitioner ordered released on bail on terms to be fixed by the learned court in seisin, subject to (i) no intimidation of the informant and his family, (ii) monthly appearance before the jurisdiction police station till conclusion of trial with certification submitted to the court in seisin; informant/prosecution may seek variance upon threat perception; the BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, whose earlier bail application under Section 439 Cr.P.C. had been rejected by the 1st Addl. Sessions Judge, Puri, and who is in custody since 06.04.2024 with a charge sheet under Section 304 IPC filed on 11.07.2024, should be released on bail.

Court's answer

Having perused the statement of C.W.1 Susatna Parida (son of the deceased) and the post mortem report, this Court directed that the Petitioner be released on bail on such terms to be fixed by the learned Court in seisin.

Ratio / Principle

Bail is conditioned on the Petitioner not trying, in any way, to intimidate the informant and his family; it is left open to the informant/prosecution to seek variance of the order in the event of any threat perception.

Key takeaways

The Petitioner is additionally directed to appear before the jurisdiction police station once every month, on date and time to be fixed by the learned Court in seisin, till the conclusion of trial; certification of each such appearance is to be submitted to the Court in seisin.ratio¶¶23

Detailed headnote1 paragraphs

Bail granted (BLAPL allowed) — Patitapaban Pradhan v. State of Odisha, BLAPL No.6764 of 2024 (Orissa HC, V. Narasingh, J., 03.10.2024). Petitioner, accused in G.R. Case No.221 of 2024 before J.M.F.C., Pipili arising out of Delanga P.S. Case No.0094 of 2024, was alleged to have committed an offence under Section 302 IPC and had been in custody since 06.04.2024; charge sheet under Section 304 IPC was filed on 11.07.2024; his earlier bail application under Section 439 Cr.P.C. had been rejected by the 1st Addl. Sessions Judge, Puri on 24.06.2024. Perusing the statement of C.W.1 (son of the deceased) and the post-mortem report, the Court ordered release on terms to be fixed by the trial court, directing (a) that the Petitioner not intimidate the informant or his family (with liberty to the informant/prosecution to seek variance on any threat perception) and (b) monthly appearance before the jurisdiction police station till conclusion of trial, with appearance certificates filed in the trial court.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6764 of 2024

Patitapaban Pradhan ….

Petitioner

Ms. S.P. Pattanaik, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH ORDER

03.10.2024

Order No.

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

The Petitioner is an accused in connection with G.R. Case No.221 of 2024 pending on the file of learned J.M.F.C., Pipili arising out of Delanga P.S. Case No.0094 of 2024 for commission of offence alleged under Sections 304 of IPC.

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.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1^st Addl. Sessions Judge, Puri by order dated 24.06.2024

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

It is submitted by the learned counsel that the Petitioner is in custody since 06.04.2024 on the allegation of commission of offence under Section 302 of IPC and as charge sheet has been filed on 11.07.2024, under Section 304 of IPC, his further continuance in custody is not warranted.

Learned counsel for the State opposes such prayer.

This Court perused the statement of C.W.1Susatna Parida (Son of the deceased) and the post mortem report.

Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. It is further directed that the Petitioner shall not in any way try to intimidate the informant and his family.

It shall be open for the informant/prosecution to seek variance of this order in the event there is any threat perception. 11. Additionally, it is directed that the Petitioner shall appear before the jurisdiction police station once every month on such date and time to be fixed by the learned Court in seisin till the conclusion of trial.

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Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of. 13. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge

SOUMYA

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Oct-2024 11:03:10

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