Sudarshan Sahoo vs State Of Odisha
2021 Latest Caselaw 12243 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                              BLAPL No.8845 of 2021
            Sudarshan Sahoo                        ....             Petitioner

                                       Mr. Susanta Kumar Baral, Advocate

                                        -versus-

            State of Odisha                        ....       Opposite Party
                                                   Mr. L. Samantaray, AGA

                      CORAM:

                      JUSTICE S.K. PANIGRAHI
                                       ORDER

Order No. 29.11.2021

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

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner being in custody in connection with 1.C.C. No.121 of 2001, arising out of Ersama P.S. Case No.57 of 2001 pending in the court of learned JMFC, Ersama for the alleged commission of offence under Sections 302 and 307/34 of the IPC has filed this application under Section 439 Cr.P.C. for his release on bail.

4. The case of the prosecution, in brief, is that on 04.06.2021, the complainant Niranjan Das filed a complaint petition before the court of learned JMFC, Kujang stating that in the night of dated 03.06.2001, the petitioner called a meeting and planned to commit murder of son of the informant. On the next day morning, the petitioner along with others came to bari land being armed with weapons and cut the chakunda three. When the complainant along // 2 //

with his son and daughter-in-law protested to such activity, all the accused persons assaulted his son and daughter-in-law by means of weapons. Suddenly, one of the accused persons assaulted the informant's son by means of an axe aiming at his chest for which he fell on the ground. Thereafter, they repeatedly assaulted his son. Wife of the informant tried to save, but they also assaulted her causing bleeding injury at her head. Seeing such situation, the complainant shouted, villagers came to the spot and shifted the injured to Ersama medical. But, his son died on the way to hospital. His injured daughter-in-law was shifted to SCB Medical College and Hospital, Cuttack.

5. Learned counsel for the petitioner submits that there is no direct allegation against the present petitioner. He has not been named in the charge-sheet. The petitioner has no criminal antecedent. He is in jail custody since 21.09.2021. Therefore, the bail application may be allowed.

6. The learned counsel for the State vehemently opposes the bail prayer of the petitioner.

7. It is apparent from the judgment dated 22.12.2003 passed by the learned Adhoc Addl. Sessions Judge (F.T.C.) Jagatsinghpur that the petitioner has no role in the alleged crime.

8. Considering the aforesaid submissions made and the materials available on record, the BLAPL is allowed.

// 3 //

9. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter with further conditions that:-

i. he shall appear before the trial court on each date of posting of the case till completion of trial;

ii. he shall not indulge in any kind of criminal activity during the bail period and shall not tamper with the prosecution evidence in any manner.

10. Violation of any of the aforesaid conditions shall entail cancellation of the bail granted to the petitioner.

11. The BLAPL is disposed of.

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

( S.K.Panigrahi ) Judge pcd