High CourtsSingle Bench(2023) 08 OHC CK 0163

Kusana Patra Suna @ Kishore Patra Suna vs State Of Odisha

Orissa High Court · Decided on 25 August 2023

HON’BLE JUDGES
G. Satapathy, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4501 Of 2023

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Judgment

9 paragraphs · 264 words

G. Satapathy, J

1.

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

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.145 of 2022 arising out of Kotapad P.S. Case No.151 of 2022 pending in the file of learned J.M.F.C., Kotpad, for commission of offence punishable under Sections 302/449/382/34 of the IPC, on the main allegation of committing murder of the deceased Ananta Khora and taking away his valuable property in the form of cash along with co-accused persons.

3.

Heard, Mr. B.C. Parija, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

4.

After having considered the rival submission and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of commission of crime and the alleged role played by the petitioner and regard being had to the extra judicial confession of the petitioner and consequently the recovery of weapon of offence and cash of Rs. 2,84,000/- as a proceeds of crime pursuant to the disclosure statement of co-accused in terms of Section 27 of the Indian Evidence Act and taking into account the other circumstance on record in entirety including the gravity of offence and its impact on society, this Court is not inclined to grant bail to the present petitioner.

Hence, the bail application of the petitioner stands rejected.

5.

Accordingly, the BLAPL stands disposed of.

6.

Issue urgent certified copy of the order as per Rules.

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