Surendra Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3505 of 2022 Surendra Samal ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

Opposite Party Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.07.2022 Order No.

01.

1. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.302/34, I.P.C.

2. Heard Mr. S.R. Mulia, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted that the nature of assault as per the statement of the eye-witnesses are by means of fist blows on the chest. But as per the post mortem report, the cause of death is due to coronary artery disease as a natural disease process.

4. Upon hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party and perusal of the statement of the eye-witnesses vis-à-vis the post mortem report, it is directed to release the Petitioner on bail in connection with Pattamundai P.S. Case No.409/2021 corresponding to S.T. Case

No.19/2022 on such terms and conditions to be fixed by the learned Sessions Judge, Kendrapara as he deems just and proper including the condition that the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

5. The BLAPL is disposed of.

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

( B.P. Routray) Judge B.K. Barik