Gane Singh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8585 OF 2020 Gane Singh .........
Petitioner Mr. A.K. Parida, Adv.
-versusState of Orissa ............
Opposite Party Mr. S.S. Mohapatra, ASC
CORAM:
JUSTICE V. NARASINGH
ORDER
11.03.2022 Order No.
04.
1.
This matter is taken up through Hybrid Mode.
2.
Being aggrieved by the order dtd. 11.11.2020 passed by the Learned Additional Sessions Judge, Rairangpur in S.T. No. 58 of 2020, rejecting the bail application of the petitioner, the present BLAPL has been filed.
3.
Heard Mr. A.K. Parida, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Additional Standing Counsel for the State.
4.
The petitioner has been charge sheeted as an accused in S.T. Case No. 58 of 2020 on the file of the Learned Additional Sessions Judge, Rairangpur under Sections-498 (A)/ 302/201 of the I.P.C.
5.
The petitioner is in custody since 18.05.2020. 6.
Learned counsel for the petitioner referring to the statements on record including the statement under Section-27 of
the Evidence Act states that, the act was committed in a fit of anger and there is no premeditation and it is also submitted that the petitioner has two sons aged about 8 years and 6 years and are facing difficulty in meeting the challenges of life in absence of the mother. Hence on humanitarian ground prays for consideration for bail application.
7.
Learned counsel for the State opposes the prayer for bail on the ground that the materials on record indicate that the petitioner was in the habit of picking up quarrel with the deceased and there are no mitigation circumstances.
8.
On a conspectus of materials on record, taking into account the welfare of the children and the period of detention, this Court feels that the petitioner is entitled to be released on bail. The learned Court in seisin of the matter to fix the terms. 9.
The Bail Application is disposed of accordingly. 10.
Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge