Disposed¶27

Ananta Sethi v. State of Odisha

Orissa HC7 Dec 2024BLAPL/7540/2024

Case brief

AI extract

What is this about?

BLAPL No.7540 of 2024; High Court of Orissa at Cuttack; Justice Ananda Chandra Behera; order dated 07.12.2024; Ananta Sethi; bail application; Section 439 Cr.P.C, 1973; S.T. Case No.160 of 2024; G.R. Case No.174 of 2024; Pattamundai Rural P.S. Case No.96 of 2024; Sessions Judge Kendrapara; IPC 1860 Sections 341/323/324/302 read with 34; hostile witnesses P.Ws. 1, 2 and 3; eyewitness P.W. 4; crowbar; murder trial; trial completion within four months; renewal of bail prayer; bail refused; application disposed of finally.

What did the court decide?

No bail relief granted; bail refused and trial directed to be completed within four months, failing which the Petitioner may renew the bail prayer; certified copy of the order to be given on proper application. ¶27

Ananta Sethi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, facing trial in S.T. Case No.160 of 2024 before the learned Sessions Judge, Kendrapara for offences under Sections 341/323/324/302 read with 34 of the IPC, 1860, should be granted bail under section 439 Cr.P.C, 1973 before completion of trial.

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Court's answer

Prayer for bail of the Petitioner is refused and the bail application of the Petitioner is rejected.

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Ratio / Principle

Because the trial before the learned Sessions Judge, Kendrapara has progressed substantially and completion of trial is expected very soon, the Court considered it proper, instead of allowing the Petitioner to go on bail, to direct completion of the trial within four months.

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Key takeaways

The learned Sessions Judge, Kendrapara is directed to take his best endeavour to complete the trial in S.T. Case No.160 of 2024 within a period of four (4) months hence.ratio¶26
Failing completion of the trial within four months, the Petitioner is at liberty to renew his prayer for bail.ratio¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, BLAPL No.7540 of 2024 (Justice Ananda Chandra Behera, order dated 07.12.2024): bail application under section 439 Cr.P.C, 1973 by Ananta Sethi, facing trial before the learned Sessions Judge, Kendrapara in S.T. Case No.160 of 2024 (corresponding to G.R. Case No.174 of 2024, arising from Pattamundai Rural P.S. Case No.96 of 2024), charged under Sections 341/323/324/302 read with 34 of the IPC, 1860. With four witnesses already examined, P.Ws. 1, 2 and 3 having turned hostile, and P.W. 4, a direct eyewitness, implicating the Petitioner in the murder of the deceased through assault on vital parts with a crowbar, the Court refused bail on the ground that the trial had progressed substantially and completion was expected very soon. The learned Sessions Judge, Kendrapara was directed to complete the trial within four months, failing which the Petitioner is at liberty to renew his prayer for bail. The bail application was disposed of finally.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7540 of 2024

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Ananta Sethi

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..... Petitioner

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Represented By Adv. Mr. Arijeet Mishra

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. –

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Mr. P. Satapathy, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA

BEHERA

ORDER

07.12.2024

Order No.

1. This matter is taken up through hybrid mode.

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This bail application under section 439 Cr.P.C, 1973 of the Petitioners arising out of S.T. Case No.160 of 2024 corresponding to G.R. Case No.174 of 2024 in connection with Pattamundai Rural P.S. Case No.96 of 2024 is taken up for consideration.

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I have already heard from the learned Counsel for the Petitioners and the learned Additional Standing Counsel for the State.

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The Petitioner is facing trial in the Court of learned Sessions Judge, Kendrapara vie S.T. Case No.160 of 2024 having been charged U/s-341/323/324/302 read with 34 of the IPC, 1860.

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The learned Counsel for the Petitioner submitted for liberal consideration of his bail contending that, four witnesses have already been examined before the Trial Court in S.T. Case No.160 of 2024, but P.Ws. 1, 2 and 3 have turned hostile to the prosecution, for

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Page 1 of 2.

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which, on the basis of their statements, the Petitioner should not be kept under detention further, to which, learned Additional Standing Counsel objected contending that, P.W. 4, being a direct eye witnesses to the alleged incident, has implicated the Petitioner with the murder of the deceased stating about his assault on the deceased on his vital part through dangerous weapon i.e. crowbar, for which, he (Petitioner) should not be allowed to go on bail before completion of trial of the case.

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When the trial of the case before the learned Sessions Judge, Kendrapara has progressed substantially and when it is expected about the completion of trial very soon, for which, at this stage, instead of allowing the Petitioner to go on bail, it is felt proper to direct the learned Sessions Judge, Kendrapara to complete the trial of the case within a period of four(4) months after rejecting the bail application of the Petitioner.

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Therefore, prayer for bail of the Petitioner is refused. Accordingly, the bail application of the Petitioner is rejected.

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The learned Sessions Judge, Kendrapara is directed to take his best endeavour for completion of the trial vie S.T. Case No.160 of 2024 within a period of four (4) months hence; failing which, the Petitioner is at liberty to renew his prayer for bail, he desires to do so.

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Accordingly, the bail application filed by the petitioner is disposed of finally.

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Grant certified copy of this order to the Petitioner on proper application.

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Narayan Date: 07-Dec-2024 15:48:28

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( ANANDA CHANDRA BEHERA) Judge

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Ananta Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananta Sethi 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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