Pabitra Sethy vs State Of Odisha
2022 Latest Caselaw 2102 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                JCRLA No.02 of 2021
       Pabitra Sethy                                ......              Appellant
                                                     Mr. B.K. Mohanty, Advocate

                                         -versus-
       State of Odisha                              ......            Respondent
                                                     Mrs. Saswata Patnaik, AGA

                               CORAM:
                               JUSTICE C.R. DASH
                               JUSTICE M.S. SAHOO
                                        ORDER

5.04.2022 I.A. No.14 of 2022 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard.

3. The Appellant is alleged to have killed his alleged beloved, whom she is suspected to have married. The corpus delicti having not been found, there is no evidence on record as to whether the death of the deceased was homicidal, accidental or suicidal.

4. From the impugned judgment, we find that learned trial Court has heavily fallen back on the provision of Section 106 of the Indian Evidence Act. It is settled in law that, if only the primary facts that constitute a particular circumstance or specific circumstance is proved and such primary facts form a chain unerringly pointing out at the guilt of the accused and nothing else, then only the onus lies on the accused to explain

or offer explanation, in the present case, however, the entire case is based on suspicion.

5. Taking such a prima facie view of the matter and in view of the nature of evidence, we feel persuaded to enlarge the Appellant on bail. Accordingly, the learned Additional Sessions Judge, Kamakshyanagar is directed to release the Appellant-Pabitra Sethy on bail in C.T. (SS) No.17 of 2016 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The I.A. is accordingly disposed of.

7. Urgent certified copy of this order be granted as per rules.

(C.R. Dash) Judge

(M.S. Sahoo) Judge

JCRLA No.2 of 2021 Order No.

06. 1. The Registry is directed to expedite the preparation of paper book.

(C.R. Dash) Judge

(M.S. Sahoo) Judge Murmu