AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 353 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned Counsel for the State.
The petitioner is an accused in connection with S.T. Case No.61 of 2022, pending before the Court of the learned Sessions Judge, Gajapati, Paralakhemundi, arising out of Mohana P.S. Case No.33 of 2022, for alleged commission of offences under Sections 302/201/120(B)/34 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Gajapati, by order dated 01.03.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 19.04.2022 and as in the meanwhile trial has commenced and the co-accused one Deepak Rai has since been released on bail by order dated 21.02.2023 in BLAPL No.8922 of 2022, the Petitioner seeks release inter alia on the ground of parity.
Learned counsel for the State opposes the prayer for bail.
On a close scrutiny of the order passed by the Co-ordinate Bench, it has come to the fore that the statements relied upon by the learned counsel for the State namely of Samanta Dalabehera-CSW No.13 and Gajendra Sabar-CSW No.14 have not been placed for the consideration of the Co-ordinate Bench.
The seizure of the ticket of the Petitioner to Delhi and from the statement of the witnesses referred to hereinabove, this Court is not persuaded to hold that the Petitioner is similarly placed and being fully conscious of the judgment of the apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51 relating to parity is constrained to reject this BLAPL taking into account the nature of allegation qua the Petitioner.
It is trite law that parity cannot be applied in a vacuum and has to be considered objectively in the facts of each given case.
Learned Court in seisin is called upon to expedite the trial.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
…………………………