Allowed

Parmeswar Mahakur v. State of Odisha

Orissa HC4 Dec 2024BLAPL/8259/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC in a Sessions case for offences under Sections 364/302/201 IPC. Noting the petitioner's pre-trial detention since March 2024, the charge sheet's indication that the deceased had assaulted him with an axe, and the principle that bail is the rule, the Court admitted the petitioner to bail without expressing any opinion on merits.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs.50,000 with two solvent sureties, subject to trial attendance, travel restrictions and fortnightly police reporting for three months.

Parmeswar Mahakur Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8259 of 2024

¶2

Parmeswar Mahakur

¶3

Petitioner

¶4

Mr. Trilochan Nanda, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

… Opposite Party

¶8

Mr. S. K. Rout, ASC

¶9

CORAM: JUSTICE G. SATAPATHY

¶10

Order No.

¶11

02.

¶12

ORDER(ORAL) 04.12.2024

¶13

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

¶14

This is an application U/S.439 of CrPC by the petitioner for grant of bail in connection with S.C Case No.37 of 2024, arising out of Kantabanji P.S. Case No.72 of 2024 pending in the file of learned Additional Sessions Judge, Kantabanji being charge sheeted for commission of offences punishable Under Sections 364/302/201 of the IPC, on the allegation of committing murder of the deceased Dhubal Rana and causing disappearance of evidence by disposing the dead body to screen himself from legal punishment.

¶15

Heard, Mr. Trilochan Nanda, learned counsel for the petitioner, Mr. S.K. Rout, learned ASC and perused the record.

¶16

Page 1 of 3

¶17

Mr. Trilochan Nanda, learned counsel for the Petitioner by taking this Court through the charge sheet submits that even if the materials on record are taken into consideration, since the deceased being aggressor and the accused having simply pushed the deceased when the later assaulted on his leg by means of an axe, the acts of the Petitioner cannot come within the parameters of murder in terms of provision of Sec. 302 of the IPC, rather the act of accused-Petitioner being perfectly justified in law to exercise right of private defence by pushing the deceased. It is further submitted by Mr. Nanda that the Petitioner has been detained in custody since 05.03.2024 and in the meanwhile, charge sheet has already been submitted and, thereby, the further detention of the Petitioner is unnecessary in custody. On the contrary, Mr.S.K. Rout, learned ASC, however, strongly opposes the bail application of the Petitioner by inter-alia contending that not only the Petitioner has committed murder of the deceased but also has caused disappearance of evidence by disposing the dead body, which was recovered at a decomposed state and, therefore, the opinion of the Doctor as to the cause of death of the deceased could not be properly ascertained. Mr. Rout, accordingly, prays to reject the bail application of the Petitioner.

¶18

After having considered the rival submissions and the materials placed on record and regard being had

¶19

Page 2 of 4

¶20

to the pre-trial detention of the petitioner in custody since 05.03.2024 and taking into account the facts stated in the charge sheet which indicates the deceased to have assaulted the Petitioner on his leg by means of an axe, and keeping in view the well-recognized principle of “bail is the rule, but jail is the exception”, this Court without expressing any opinion on merits of the case, admits the petitioner to bail.

¶21

Hence, the bail application of the petitioner stands allowed. Accordingly, the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/(Rupees Fifty Thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

¶22

(i) the petitioner shall not commit any offence while on bail,

¶23

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

¶24

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

¶25

Page 3 of 4

¶26

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of his release from the custody.

¶27

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

¶28

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.

¶29

Accordingly, the BLAPL stands disposed of.

¶30

Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge

Gitanjali

Signature Not Verified

¶35

Digitally Signed Signed by: GITANJALI NAYAK Designation: Sr. Stenographer Reason: AU Location: OHC Date: 05-Dec-2024 15:42:53

¶36

Page 4 of 4

Parmeswar Mahakur v. State of Odisha

Case brief

What is this about?

What did the court decide?

Parmeswar Mahakur v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudhansu S.Pattnaik Vs Oaic Ltd. and Anr.

Amulya Jena Vs State of Odisha

Sundari Bag @ Sundrika Bagh Vs State of Odisha

Gulshan Swain Vs Sandhyarani Lenka

Lokesh Kumar Jena Vs Sasmita Pradhan

Jitendra Barik Vs State of Odisha