Shiva @ Shiva Murmu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9235 of 2022 Shiva @ Shiva Murmu and another ....

Petitioners Mr. Bikram Chandra Ghadei, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 13.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioners are in custody in connection with Bampada Industrial Area P.S. Case No.199 of 2021 corresponding to C.T. Case No.1025 of 2021 pending in the Court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 341/388/302/34 of IPC.

4.

The case of the prosecution is that the petitioners being associated with some other persons committed the murder of one Jagdish Palei. However, from the statement of the witness, which are available on record, namely that of Sridhr Tunga it appears that the said witness stated in general and omnibus term about

involvement of present petitioners. Moreover, the petitioners stand on the same footing as one Kalia @ Satish Kumar Sahoo, who has been granted bail by this Court in BLAPL No.11307 of 2021. 5.

Therefore, taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the petitioners 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 they 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 B.c. Tudu