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Orissa High CourtBLAPL/7427/2022rejected

Sandir Singh Hembram v. State Of Odisha

2022-08-24Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7427 of 2022 Sandir Singh Hembram & Others ....

Petitioners Mr. A.K. Biswal, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

24.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for State.

3.

The petitioners are accused in S.T. Case No.194 of 2022 corresponding to C.T. Case No.649 of 2021 and further corresponding to P.S. Case No.48 of 2021, pending before the learned Sessions Judge, Mayurbhanj, Baripada, under Sections 302/201/120-B of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Mayurbhanj, Baripada, by order dated 26.05.2022 in the aforementioned case, the present BLAPL has been filed and the petitioners are in custody since 12.07.2021.

5.

Learned counsel for the petitioner submits that since accused are in custody since 12.07.2021 and trial has not

commenced and keeping in view the nature of evidence on record, they may be enlarged on bail.

6.

Learned counsel for the State relying on the statement of petitioner No.3 under Section 27 of the Evidence Act, refutes such submission and he has also placed on record the statement of one Mamina Hembrum, the daughter of the deceased which throws light regarding the motive.

7.

On a conspectus materials on record, the manner in which the offence has been committed, this Court is not inclined to entertain this bail application at this stage. 8.

Accordingly the BLAPL stands rejected.

(V. NARASINGH) Judge Ayesha