Orissa High Court
Ashok Gopal vs State Of Odisha .... Opposite Party on 5 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7222 of 2023
Ashok Gopal .... Petitioner
Mr. S.C. Mohapatra, Sr. Advocate
-versus-
State of Odisha .... Opposite Party
Ms. S. Mishra, ASC
BLAPL No. 7225 of 2023
Bimal Kumar Gopal .... Petitioner
Mr. S.C. Mohapatra, Sr. Advocate
-versus-
State of Odisha .... Opposite Party
Ms. S. Mishra, ASC
BLAPL No. 7228 of 2023
Manas Ranjan Gopal .... Petitioner
Mr. S.C. Mohapatra, Sr. Advocate
-versus-
State of Odisha .... Opposite Party
Ms. S. Mishra, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
05.10.2023 Order No.
04. 1. Since all the three BLAPLs relate to the same P.S. Case (Junagarh P.S. Case No.40 of 2023) (on the file of learned J.M.F.C., Page 1 of 3 Junagarh), they are heard together on the consent of the parties and are being disposed of by this common order.
2. Heard learned senior counsel for the Petitioners and learned counsel for the State.
3. The petitioners are accused in connection with C.T. Case No.40 of 2023, pending on the file of the learned J.M.F.C., Junagarh, arising out of Junagarh P.S. Case No.40 of 2023, for alleged commission of offences under Sections 302/34 of IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh, by order dated 22.06.2023 in the aforementioned cases, the present BLAPLs have been filed.
5. It is submitted by the learned senior counsel that the Petitioners are in custody since 28.01.2023 and as charge sheet has already been filed on 24.05.2023 and taking into account the nature of allegations, they may be released on bail, since investigation has been concluded.
6. The learned senior counsel referring to the statements of the eyewitnesses Trilochan Thakur-CSW No.3 and Chakradhar Thakur-CSW No.4 submitted that since admittedly post the occurrence the deceased had called his son-CSW No.1 over telephone and thereafter he was taken to the hospital and succumbed to the injuries, it cannot be said to be a case under Section 302 of IPC in the first place and no credence can be attached to the post mortem report that the death is due to "manual strangulation".
7. Learned counsel for the State opposes the prayer for bail.
Page 2 of 38. This Court perused the statement of the son of the deceased-CSW No.1.
9. Considering the statement of the son of the deceased and the evidentiary value thereof in terms of the stipulations of the Evidence Act regarding which this Court refrains from making any comment since the same would prejudice the Petitioners as well as the prosecution and the statements of CSW Nos.3 & 4, this Court is not inclined to entertain the bail applications at this stage.
10. Accordingly, the BLAPLs stand disposed of.
11. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Oct-2023 17:16:50 Page 3 of 3