Pabitra Pradhan @ Kalu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2664 of 2022 Pabitra Pradhan @ Kalu ....

Petitioner Mr. B.S. Das, Adv.

-versusState of Odisha ....

Opposite Party Mr. G.R. Mohapatra, A.S.C.

CORAM: JUSTICE S.K. PANIGRAHI

ORDER

09.05.2022 Order No.

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 G.R. Case No.842 of 2019, corresponding to Khallikote P.S. Case No.373 of 2019, pending in the court of learned Addl. Sessions Judge, Khallikote for the commission of offence under Section 302 of the IPC, has filed this petition for his release on bail.

4. It is alleged in the F.I.R. that on 12.12.2019 in the morning, the petitioner and his friend were sitting at Bhasni Sankha near Matia Sahi in a drunken state. Thereafter, they quarreled with each other and the petitioner being armed with a sword abused in filthy language and left the spot. It is alleged that on 13.12.2019 in the morning, the friend of the petitioner was found to be lying dead near his field in bloodshed condition. It is alleged that the petitioner had committed murder of his friend.

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5. Learned counsel for the petitioner submits that the deceased and the petitioner were friend and it has been seen by the witnesses that they were sleeping on a culvert being drunken. Nobody has seen the petitioner committing the crime. The petitioner is in judicial custody since 16.12.2019.

6. Learned counsel for the State opposes the bail prayer of the petitioner as this is a serious offence.

7. It is stated that out of 35 charge sheeted witnesses, 17 have already been examined.

8. Considering the aforesaid facts and submissions, I am not inclined to grant bail to the petitioner. Hence, the BLAPL is rejected.

9. However, the learned trial Judge is directed to complete the trial of the case within a period of six months.

(S.K. Panigrahi) Judge pcd