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Orissa High CourtBLAPL/534/2022disposed off

Bijaya Muduli v. State Of Odisha

2022-07-18Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.534 of 2022 Bijaya Muduli ....

Petitioner Mr. A.N.Pattnaik Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.7.2022.

Order No.

03.

1. This matter is taken up through virtual mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody since 10th September, 2020 in connection with Dasamanthpur P.S.

Case No.76/2020 corresponding to C.T. Case No.24/2021 pending in the court of learned J.M.F.C., Dasamanthpur for the alleged commission of the offence under Section 302/34 of I.P.C.

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4. It is alleged that the Petitioner was a part of the group and brutally assaulted one Lachha Muduli and his wife Chingi Muduli causing death of both. It is submitted that the Petitioner was not the assailant, yet from the evidence of witnesses, it is clear that he was very much part of the group and had also threatened the informant's family members.

5. Considering the nature of accusations and the existence of materials prima facie in support thereof, I am not inclined to allow the prayer for bail, which is therefore rejected. However, this being a case of the year 2020, learned trial court shall do well to try and dispose of the case as early as possible preferably within a period of six months.

6. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge