Kanhu@ Ramnath Dhangadamajhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10690 of 2021 Kanhu @ Ramnath Dhangadamajhi ....

Petitioner Mr. U. Barik, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

12.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

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

3.

The petitioner is in custody since 21.04.2021 in connection with Junagarh P.S. Case No.65 of 2021 corresponding to C.T. Case No.43 of 2021 pending in the Court of learned Addl. Sessions Judge, Dharmagarh for the alleged commission of offence under Section 302 of I.P.C.

4.

It is alleged that the petitioner, who is the son-in-law of the deceased, demanded money from him to buy liquor and when the deceased refused, he assaulted him by picking him up and throwing him on a concrete road, as a result of which, the deceased sustained grievous injuries and died. From the materials on record including the Section 164 of Cr.P.C. statement of the eye-witnesses, it appears that the incident took place out of a sudden quarrel without any premeditation or definite intention on the part of the petitioner to kill the deceased.

5.

Having regard to the above facts, taking into account the period of detention of the petitioner in custody, 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.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana