Hari Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9378 of 2021 Hari Majhi ...

Petitioner Mr. D.K. Mohapatra, Advocate - Versus - State of Odisha ...

Opposite Party Mr. S.K. Mishra, Addl.

Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.01.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 14.03.2021 in connection with Sundargarh Sadar P.S. Case No.62 of 2021 corresponding to G.R. Case No.339 of 2021 of the Court of learned S.D.J.M., Sundargarh and S.T. Case No. 48/94 of 2021 pending in the Court of learned Addl. District and Sessions Judge, Sundargarh of for the alleged commission of offence under Sections 302/201/34 of IPC.

4.

Having regard to the fact that no specific overt act has been attributed to the petitioner in so far as the offence under Section 302 IPC is concerned, but it is only alleged that the petitioner, who happens to be the younger brother of the principal accused, namely, Arjuna Majhi had helped him in shifting the dead body after commission of the offence and taking into account the period of detention undergone, 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. 5.

BLAPL is allowed.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana