Kosa Padiami v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6506 of 2021 Kosa Padiami ....

Petitioner Mr. A.K. Jena, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.C. Das, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.07.2022 Order No.

06.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 26.02.2021 in connection with Malkangiri P.S. Case No.60 of 2021 corresponding to G.R. Case No.145 of 2021 pending in the Court of learned Addl. Sessions Judge, Malkangiri for the alleged commission of offence under Sections 302/307/34 of IPC.

4.

The prosecution case is that on the fateful night some persons entered into the shop room of deceased, Macha Madkami and committed his murder and also assaulted his wife, Paro Madkami by means of deadly weapons. The injured victim identified one of the assailants as Adma Kurami while they were leaving the house after the occurrence. In so far as the present petitioner is concerned except for the disclosure statement of the said Adma Kurami recorded under Section 27 of the Indian Evidence Act, there is no other legally acceptable evidence to show his complicity in the occurrence.

5.

Considering the above facts, the materials on record and the period of 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 the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana