Sarat@Pritikanta Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No. 469 of 2022 Sarat @ Pritikanta Behera ...

Petitioner Mr. S.N. Mishra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.11.2022 1.

This matter is taken up through Hybrid mode.

Order No.

01.

2.

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

3. The petitioner is in custody since 13.09.2021 in connection with Panikoili P.S. Case No. 238 of 2021 in JJC No. 56 of 2021 pending in the Court of the learned Special Judge-cum-Children Judge, Jajpur for the alleged commission of offence under Sections-302/201/34 of I.P.C along with seven other persons, who committed murder of the deceased Manas Ranjan Das and Bijay Sahoo.

4.

It is submitted that except for the allegation that the petitioner was present at the spot, no specific overt act has been attributed to him. It is further submitted that the coaccused persons similarly situated have already been released on bail.

5.

I have considered the rival submissions and also perused the social investigation report. Taking into consideration the

recommendation of the Probation Officer and absence of any material to show the direct involvement of the petitioner in the alleged occurrence, I am inclined to take a lenient view in the matter. Let the petitioner be released on bail on such terms and conditions as the convicting Court may deem fit and proper to impose.

6.

Accordingly, the CRLREV is disposed of.

5.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge Balaram