Disposed¶25

Kusa Paraja v. State of Odisha

Orissa HC23 Feb 2024BLAPL/6798/2023

Case brief

AI extract

What is this about?

Bail denied (S.439 CrPC application rejected and disposed of); offence S.302 IPC, alleged uxoricide/murder of wife; Baipariguda P.S. Case No.45 of 2022; C.T. Case No.79 of 2022 pending before Addl. Sessions Judge, Jeypore; petitioner in custody about two years, trial not commenced; prosecution evidence relied upon: statement of Basu Paraja and petitioner's extra judicial confession made before his son Rati Paraja; Court directed Director, SFSL, Rasulgarh, Bhubaneswar to submit chemical examination report and asked Dist. & Sessions Judge, Koraput at Jeypore to expedite trial (personally or by assignment with High Court approval); Orissa High Court; Justice G. Satapathy; 23.02.2024; BLAPL No. 6798 of 2023.

What did the court decide?

None — bail denied; the bail application of the petitioner stands rejected and the BLAPL stands disposed of.

Kusa Paraja Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

None — bail denied; the bail application of the petitioner stands rejected and the BLAPL stands disposed of.

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Issue for consideration

Whether bail under Section 439 Cr.P.C. should be granted to petitioner Kusa Paraja, facing trial for an offence under Section 302 IPC on the allegation of uxoricide (murder of his wife), notwithstanding counsel's contention that there is no direct evidence implicating him, in light of the statement of Basu Paraja and the petitioner's extra judicial confession made before Rati Paraja. +1 more

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Court's answer

After weighing the rival submissions, the nature and gravity of the alleged offence, the accusations sought to be brought against the petitioner, the materials on record including the statements of the witnesses and the extra judicial confession of the accused made before his son-Rati Paraja, and the other circumstances on record in their entirety, this Court was not inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner's bail application stands rejected.

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Key takeaways

The Director, SFSL, Rasulgarh, Bhubaneswar was requested to cooperate with the trial Court by submitting the chemical examination report so as to enable it to proceed with the trial, and a copy of the order was to be communicated to him.ratio¶23
The learned Dist. & Sessions Judge, Koraput at Jeypore was requested to ensure the progress of the trial in the present case, either by taking up the case himself or by assigning it to any other competent Court to try the offence at the station, subject to seeking the necessary approval of this Court.ratio¶25

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (Justice G. Satapathy, sole judge), oral order dated 23.02.2024 in BLAPL No. 6798 of 2023 — Kusa Paraja v. State of Odisha. Bail application under S.439 Cr.P.C. by petitioner booked under S.302 IPC on the allegation of uxoricide (murder of his wife), in connection with Baipariguda P.S. Case No.45 of 2022 arising out of C.T. Case No.79 of 2022 pending before the Addl. Sessions Judge, Jeypore. Petitioner's counsel argued there was no direct evidence implicating him and that he had been in custody for two years without commencement of trial; learned AGA relied on the statement of Basu Paraja and the petitioner's extra judicial confession made before Rati Paraja (his son). Taking into account the nature and gravity of the offence, the accusations, the witness statements, the extra judicial confession and all circumstances in entirety, the Court declined bail; the application stood rejected and disposed of. The Court further directed the Director, SFSL, Rasulgarh, Bhubaneswar to expedite submission of the chemical examination report, and requested the Dist. & Sessions Judge, Koraput at Jeypore to ensure trial progress by taking up the case himself or assigning it to another competent Court at the station with the High Court's approval.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6798 of 2023

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Kusa Paraja

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Petitioner

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Mr. N.P. Sahu, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. S.S. Kanungo, AGA

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CORAM:

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JUSTICE G. SATAPATHY

ORDER(ORAL)

23.02.2024

Order No.

08.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Baipariguda P.S. Case No.45 of 2022 arising out of C.T. Case No.79 of 2022 pending in the file of learned Addl. Sessions Judge, Jeypore for commission of offence punishable under Section 302 of the IPC, on the allegation of committing Uxoricide.

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Mr. N.P. Sahu, learned counsel for the petitioner appearing virtually from Koraput at Jeypore submits that although there is an allegation against the petitioner for committing murder of his wife, but there is absolutely no direct evidence available on record to implicate the petitioner in this case. It is further submitted by him that although the petitioner

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Page 1 of 3

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is in custody for last two years, but trial is yet to commence and therefore, the petitioner may kindly be granted bail.

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Mr. S.S. Kanungo, learned AGA by placing the statement of Basu Paraja and the extra judicial confession of the petitioner made before Rati Paraja, submits that the petitioner is prima facie involved in committing murder of his wife and therefore, he is not entitled to bail.

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After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record including the statement of the witnesses and the extra judicial confession of the accused made before his son-Rati Paraja and taking into account the other circumstance on record in entirety, this Court is not inclined to grant bail to the petitioner.

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Hence, the bail application of the petitioner stands rejected.

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However, the Director, SFSL, Rasulgarh, Bhubaneswar is hereby requested to cooperate with the trial Court by submitting the chemical examination report to the concerned Court so as to enable it to proceed with the trial in this case. A copy of this order be communicated to Director, SFSL, Rasulgarh, Bhubaneswar. The learned Dist. &

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Page 2 of 3

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Sessions Judge, Koraput at Jeypore is requested to ensure the progress of trial in the present case by taking up the case either himself or assigning it to any other competent Court to try the offence at the station by seeking necessary approval of this Court. 7. Accordingly, the BLAPL stands disposed of. A copy of this order be communicated to the learned Dist. & Sessions Judge, Koraput at Jeypore for compliance.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy)
Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2024 18:58:56

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Kusa Paraja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kusa Paraja 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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Statutes considered

Procedural history

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Coram

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