Shiba Khora @ Khara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1687 of 2022 Shiba Khora @ Khara and another ....

Petitioners Mr. J.K.Khuntia, Advocate -versusState of Odisha ....

Opposite Party Mr. P Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

09.5.2022.

03.

1. This matter is taken up through hybrid mode. Order No.

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

3. The Petitioners are in custody since 13th March, 2021 in connection with Padwa P.S. Case No.83/2021 corresponding to G.R. Case No.974/2021 pending in the court of learned S.D.J.M., Koraput for the alleged commission of the offence under Sections 302/201/120-B/34 of the I.P.C.

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4. The Petitioners were named in the F.I.,R. on suspicion by the informant. There is no other material to show the complicity of the Petitioner save and except statement of the one of the coaccused namely, Ramarao Gamel recorded under Section 27 of the Evidence Act. Even, a perusal of the said statement reveals that nothing specific has been alleged against the present Petitioners and no specific overt act has been attributed to them.

5. Having regard to the above facts, the period of detention in custody and the fact that charge sheet has already been submitted in the case, I am inclined to allow the prayer for bail. Let the Petitioners be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that they shall appear before the court below on each date of posting of the case and in case of one default, necessary orders shall be passed by the court to take them to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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