Sibaa@ Sibananda Pasayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9851 of 2021 Sibaa @ Sibanana Pasayat ....

Petitioner Miss D. Mahapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

09.5.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 11th December, 2020 in connection with Burla P.S. Case No.601/2020 corresponding to S.T. Case No.69/2021 (G.R. Case No.4122/2020) pending in the court of learned Sessions Judge, Sambalpur for the alleged commission of the offence under Sections 147/148/341/294/323/324/326/307/302/506/149 of I.P.C.

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4. It is alleged that the Petitioner and several other persons being armed with deadly weapons severely assaulted the deceased causing several injuries due to which he died. In so far as the present Petitioner is concerned, materials on record do not reveal that he had taken part in the assault on the deceased though he is said to have given a fist blow to one Sangita Bisoi, an eye witness to the occurrence. It also appears that some of the co-accused person have already been released on bail as per the orders passed by this Court in BLAPL Nos.4229/2021 and 8001/2021. The Petitioner appears to be similarly placed as the co-accused persons already granted bail.

5. Having regard to the above facts and the and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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