Chagala Batta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 995 of 2022 Chagala Batta ....

Appellant Mr. P.S. Nayak, Advocate -Versus - ....

Respondents State of Odisha & Another Mr. P. Tripathy, Additional Standing Counsel Mr. S. Mohapatra, Advocate for the informant

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 21.12.2022 1.

This matter is taken up through Hybrid Mode.

Order No.

02.

2.

Heard learned counsel for the Appellant, learned Additional Standing Counsel for the State and learned counsel for the informant.

3.

The appellant is in custody since 05.11.2022 in connection with Jajpur Road P.S. Case No. 182 of 2021 corresponding to Spl. G.R. Case No. 29 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Jajpur for the alleged commission of the offence under Sections-302/34/120-B of the I.P.C read with Section3(1)(r)(s)/ 3 (2)(v) of the SC & ST (POA) Act, 1989. 4.

It is alleged that the deceased was stabbed by one Deepak Bata and the present petitioner instigated him. No other specific

overt act has been attributed to the petitioner. One of the coaccused namely Kunja Bata who stands on the same footing has been released on bail as per order passed by this Court in CRLA No. 358 of 2021.

5.

Having regard to the above facts, I am inclined to allow the prayer for bail. Let the appellant be released on bail on such terms and conditions as the convicting Court may deem fit and proper to impose.

6.

Accordingly, the CRLA is allowed.

7.

Urgent certified copy of this order be granted as per rules. (Sashikanta Mishra) Judge Balaram