Sudam Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2859 of 2022 Sudam Jena ....

Petitioner Mr. S.P.Das Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.4.2022.

01.

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

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

3. The Petitioner is in custody in connection with Balasore Sadar P.S. Case No.215/2020 corresponding to C.T. Case No.657/2020 pending in the court of learned J.M.F.C.(R), Balasore for the alleged commission of the offence under Sections 341/323/325/307/302/34 of I.P.C. and section 25 and 27 of the Arms Act.

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4. The Petitioner has been implicated for committing the murder of one Tapan Patra as well as injuring one Priyabrata Mohapatra being associated with several other persons. There is no direct evidence showing the complicity of the Petitioner in the occurrence save and except the so called confessional statement of some of the co-accused persons recorded under Section 27 of the Indian Evidence Act. The said co-accused persons have already been released on bail as per the orders passed by this Court in BLAPL Nos.9130/2021, 3666/2021 and 3553/2021.

5. Having regard to the above facts and the period of detention in custody of the Petitioner, I am inclined to allow the prayer for bail. Let the Petitioner 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 he shall appear before the court below on each date of posting of the case without fail.

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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