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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Pritiman Dey – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application and case background. (Para 1 , 2) |
| 2. arguments for and against bail. (Para 4) |
| 3. court's analysis of bail criteria. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. conclusion and order granting bail. (Para 12 , 13) |
JUDGMENT :
1. This is a bail application U/S.483 of BNSS by the Petitioner for grant of bail in connection with Burla PS Case No.96 of 2023 arising out of GR Case No.143 of 2023 for commission of offences punishable U/Ss. 306 of IPC pending in the Court of learned JMFC-1(CT), Sambalpur.
2.1. In the course of investigation, but prior to submission of charge-sheet, the mother of the deceased has filed WPCRL No.46 of 2023 in this Court with a prayer to produce certain documents such as CDR(Call Details Record) of the deceased, petitioner, one Manas Tudu and another Anshuman Dala Behera; PM report of the deceased with Viscera report and Diatom test report; CCTV footage; spot visit report of SO & ACE, DFSL, Sambalpur; Video recording of autopsy conducted on the deceased and to preserve all the documents, but the aforesaid WPCRL was later on converted to CRLMP No.777 of 2023 on the petition of the mother of the deceased. In addition, the mother of the decea
The court upheld the principle that bail should not be denied as pre-trial punishment, emphasizing the presumption of innocence and the need for careful assessment of potential flight risk and witnes....
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The right to speedy trial is a fundamental right, and the court emphasized the importance of recording the statement of the minor daughter as a material witness.
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