Satyanarayan Rout v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.340 2021 Satyanarayan Rout and others ....
Appellants Mr. A. Dash, Advocate -versusState of Odisha ....
Respondent Mr.R.K.Tripathy, A.S.C.
CRLA No.372 2020 Swarupa Ghibela ....
Appellant Mr. D. Panda, Advocate -versusState of Odisha and another ....
Respondents Mr.R.K.Tripathy, A.S.C.
CRLA No.446 2020 Narayan Bariha and another ....
Appellants Mr. S. Dwibedi, Advocate -versusState of Odisha and another ....
Respondents Mr.R.K.Tripathy, A.S.C.
// 2 // CRLA No.447 2020 Krushna Bariha ....
Appellant Mr. S. Dwibedi, Advocate -versusState of Odisha and another ....
Respondents Mr.R.K.Tripathy, A.S.C.
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
15.11.2022.
09.
1. All the matters are taken up through hybrid mode. Order No.
2. All these Appellants are in custody in connection with Larambha P.S. Case No.79/2019 corresponding to Special G.R. Case No.655/40 of 2019 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Patnagarh, Bolangir for the alleged commission of the offence under Sections 147/148/302/201/149 of I.P.C., Section 4 of Odisha Prevention of Witch Hunting Act and Section 3(2)(v) of SC and ST (P.O.) Act.
3. The prosecution allegation is that suspecting the deceased persons of practicing witchcraft, the Appellants are said to have assaulted them brutally by means of sticks, axe and other weapons causing their death. In the mean time, trial has
// 3 // commenced. One Mangalabari Bariha, who is said to be the eye witness, has been examined as P.W.4. Though she has stated about the occurrence, the same is on general terms without attributing anything specific against each of the appellants. In so far as the other witnesses are concerned, it is seen that most of them have turned hostile. There is thus no legally acceptable material to prima facie show commission of the alleged offences by the Appellants.
4. Considering the above facts and the period of detention in custody, I am inclined to direct release of the Appellants on bail. Let the Appellants be released on bail on such terms and conditions as may be fixed by the Court in seisin over the matter in the aforesaid case including the condition that they shall not misuse the liberty granted to him.
5. The CRLAs are disposed of accordingly.
6. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge AKB