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2021 Supreme(Ori) 35

S.K.SAHOO
Basanta Panda – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : -Mr. Devashis Panda
For the Respondent:Mr. Purna Chandra Das, Mr. S.S. Das Senior Advocate

JUDGMENT :

S.K. SAHOO, J.

The petitioner Basanta Panda has filed this application under section 439 of Cr.P.C. in connection with S.T. Case No.21 of 2020 pending in the Court of learned Sessions Judge, Sambalpur which arises out of Sambalpur Town P.S. Case No.289 of 2019 in which charge sheet has been submitted under sections 364, 302, 201 of the Indian Penal Code. The petitioner moved an application for bail in the trial Court which was rejected vide order dated 12.10.2020.

The first bail application of the petitioner was rejected by this Court in BLAPL No.365 of 2020 vide order dated 03.08.2020 taking into account the manner in which the occurrence has taken place, the extra judicial confession by the petitioner before the labourer, the surrounding circumstances in which the offence was committed and the nature and gravity of the accusation against the petitioner.

2. The first information report was lodged by one Bijayani Mishra, the daughter of Jayashree Mishra (hereafter ‘the deceased’) before the Inspector in-charge, Town police station, Sambalpur on 21.07.2019 wherein it is stated that the deceased was found missing from her house for which on the report of the informant, Sambalp

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