Arjun Golari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 800 of 2022 Arjun Golari ....

Appellant Mr. D. Panda, Advocate -Versus - Respondents Mr. P.Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA State of Odisha and another .......

...

ORDER_ 22.11.2022 1.

This matter is taken up through virtual mode. Order No.

4.

2.

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

3.

The appellant is in custody since 23.04.2022 in connection with Damanjodi P.S. Case No. 37 of 2022 corresponding to G.R. Case No. 794 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, KoraputJeypore for the alleged commission of the offence under Sections 147/148/307/302/506/149 of IPC read with Sections 25(1) (A)/27 of Arms Act.

4.

The prosecution case is that there was a fight between persons of two villages, in course of which, two persons lost their lives. In so far as the present appellant is concerned, it is alleged that he was present at the spot when the deceased persons were being assaulted. The eyewitnesses have named

the assailants who caused the fatal blows by deadly weapons. They have not attributed anything to the appellant, save and except his presence at the spot.

5.

Considering the above facts and the period of detention in custody, I am inclined to allow the prayer for bail. Let the appellant 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 the appellant shall personally appear before the trial court on each date of posting of the case without fail.

6.

The CRLA is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu