Ghanashyama Deo @ Gandu vs State Of Odisha
2023 Latest Caselaw 4923 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 2435 of 2023

             Ghanashyama Deo @ Gandu               ....                   Petitioner
                                                   Mr. P. Mohapatra, Advocate
                                            -versus-

             State of Odisha                       ....              Opposite Party
                                                          Mr. P.K. Maharaj, ASC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

02.05.2023 Order No.

02. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with G.R. Case No.262 of 2022, pending before the learned J.M.F.C., Kudumulugumma, arising out of Orkel P.S. No.199 of 2022, for alleged commission of offences under Section 302 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri, by order dated 08.02.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the petitioner is in custody since 23.10.2022 and as charge sheet has already been filed on 18.01.2023, he may be released on bail.

5. It is stated by the learned counsel for the petitioner that except the confessional statement of the petitioner, there is no other material to connect him with the alleged crime.

6. To substantiate his submission, learned counsel for the State relies on the statement of the accused recorded under Section 27 of the

Evidence Act leading to the discovery of the alleged weapon of offence, which according to the learned counsel for the State corresponds to the injury in the post mortem report. And, as such submits that the case at hand does not merit the consideration.

7. Learned counsel for the petitioner relies on the judgment of the Apex Court in the case of Venkatesh @ Chandra & Another vs. State of Karnataka reported in 2022 SCC Online SC 765 and in the case of Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra reported in 2022 SCC Online SC 883, in which the limited extent to which statement recorder under Section 27 of the Evidence Act can be put to use has been enunciated reiterating the time tested principle.

8. Considering the nature of evidence on record and on perusal of the disclosure statement of the present petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Accordingly, the BLAPL stands disposed of.

10. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Ayesha AYESHA Digitally signed by AYESHA ROUT

ROUT Date: 2023.05.03 18:35:51 +05'30'