Malli Bindhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4454 of 2022 Malli Bindhani ....

Petitioner Mr. S.K. Pattnaik, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.09.2022

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

2.

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

3. The petitioner is in custody since 23.11.2021 in connection with Suliapada P.S. Case No.177 of 2021 corresponding to C.T. Case No.2499 of 2021 pending in the Court of learned S.D.J.M., Baripada for the alleged commission of offence under Sections 447/302/294/506/34 of IPC.

4. It is alleged that there was quarrel between the family members of the deceased and the petitioner which was settled by the village gentries. Subsequently, the deceased is said to have been abused by the Petitioner and his other family members. Thereafter the members of Bindhani Family went to the house of the deceased and assaulted him. The Petitioner is said to have been accompanied by the family members of the Bindhani Family to the house of the deceased and of also taking part in the assault. However, no specific overt act has been attributed to the Petitioner and it is alleged in general terms that he and another person had assaulted the deceased.

5. Considering the above facts, the materials on record, and the period of his detention in custody, 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 sessin 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 as per on proper application.

(Sashikanta Mishra) Judge Rati Ranjan