Nara @ Narayana Gurhandi vs State Of Odisha
2022 Latest Caselaw 2415 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLA No.169 of 2021

            Nara @ Narayana Gurhandi                  ....                    Appellant
                                                           Mr. B.S. Dasparida, Advocate

                                          -Versus-
            State of Odisha                           ....                Respondent
                                                              Mr. Sk. Zafarulla, A.S.C.


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

04.05.2022 Order No.

03. I.A. No.328 of 2021

1. This matter is taken up through Hybrid Arrangement (Virtual / Physical) Mode.

2. Heard learned counsels for the parties.

3. The present application has been filed by the Appellant - Nara @ Narayana Gurhandi to grant him bail.

4. On perusal of the depositions of P.Ws.2, 3 & 6 and the impugned judgment, it is found that the fatal assault was mounted by co-accused Bahadur with an axe. So far as the present Appellant

- Nara @ Narayana Gurhandi is concerned, he is alleged to have assaulted to the deceased with a Lathi.

5. Taking into consideration the nature of injuries, as opined by the Medical Officer who conducted the autopsy of the dead body

// 2 //

of the deceased, we are of the view that all the fatal injuries have been caused by axe blow. Further, the evidence of P.Ws. 2, 3 & 6 in unison that they saw the occurrence when they were busy in different works at different parts around the spot of occurrence, makes their evidence vulnerable to some extent.

6. Regard being had to such facts and submission, factum of permanent residence of the Appellant-Petitioner and the nature of evidence, it is directed that the learned Sessions Judge, Balangir shall release the Appellant-Petitioner Nara @ Narayana Gurhandi on bail in S.C. Case No.26 of 2013 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

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

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

04. I.A. No.327 of 2021

1. Heard.

2. There shall be stay in realization of fine amount imposed against the Appellant-Petitioner by the learned Sessions Judge, Balangir in S.C. Case No.26 of 2013, till final disposal of the CRLA.

// 3 //

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

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

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

S.K.Parida