LAWS(ORI)-2006-11-30

BIMAL KUMAR KHETAN Vs. STATE OF ORISSA

Decided On November 08, 2006
BIMAL KUMAR KHETAN Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Both the aforesaid applications have been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

(2.) The petitioner in BLAPL No, 4575 of 2006, namely, Bimal Kumar Khetan, was the husband of deceased Manisha while the petitioner in BLAPL No. 4185 of 2006 was the brother-in-law (husband's brother) of the said deceased. The aforesaid Bail Applications had earlier been disposed of by order of this Court dated 11-6-2006. Thereafter the informant moved the Supreme Court in Criminal Appeal No. 972 of 2006 arising out of SLP (Cri) No. 3745 of 2006. By judgment dated 18th September, 2006 the Supreme Court allowed the said appeal and directed this Court to reconsider the Bail Applications afresh in consonance with law and keeping in view the principles enumerated in the said judgment and has observed as follows :-

(3.) It is pertinent to mention here that in the meanwhile Mr. D. Nayak and his associates who were appearing for the informant having retired from the case. Mr. R. K. Rath and his associates have appeared for the said informant by filing their Vakalatnama.