Adma Musaki vs State Of Odisha

Savitri Ratho, J

I have heard Mr. Rajendra Narayan Rout, learned counsel for the petitioner and Mr. G.N. Rout, learned Additional Standing Counsel for the State

through video conferencing mode.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner- Haula @ Surya Narayan Mohapatra @ Surya in connection with

Brahmagiri P.S. Case No.15 of 2021 corresponding to G.R. Case No.275 of 2021 pending in the Court of the learned S.D.J.M., Puri registered for

commission of offences punishable under Sections 341/324/326/307/506/509/ 120-B/34 of I.P.C. subsequently turned to offences punishable under

Sections 341/324/326/307/506 of IPC.

The petitioner had moved an application for bail before the court of learned 1st Addl. Sessions Judge, Puri which was rejected on 24.03.2021.

The prosecution allegations in brief is that there was enmity between the petitioner and the injured regarding construction of an Anganwadi Centre and

the injured used to annoy the petitioner by passing comments about his sister who had eloped with a local boy . So on the date of occurrence i.e

21.01.2021 at about 7.00 a.m., seeing the injured going to call labourers to his land, the petitioner brought a sword from his house and assaulted the

injured mercilessly for which he sustained injuries on his head, hands and body. The petitioner left the spot thinking the injured had died. The injured

was shifted to D.H.H., Puri by the villagers and then to AIIMS, Bhubaneswar for treatment.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.01.2021 and the incident was result of sudden provocation

and in the meanwhile, the investigation has been completed and charge sheet has been submitted for commission of offences under Sections

341/324/326/307/506 of IPC and the injured has been discharged from the hospital. He further submits that the petitioner is a permanent resident of

Puri, which precludes any reasonable apprehension of his absconding from the process of justice, if he is released on bail.

Learned counsel for the State opposed the prayer for bail stating that the injury report reveals that the victim has sustained five injuries on his person

and one injury was found on his head and three injuries including the injury on his head are grievous in nature. He submits that from the F.I.R. and the

statements of witnesses, it is apparent that the present petitioner has mercilessly assaulted the victim by means of a sword grievous causing injuries .

He further submits that the petitioner has three criminal antecedents all of Brahamgiri Police Station registered under

(i) Sections â€" 341,324,307,379,506 I.P.C

(ii) Section -354/294/427/506/34 IPC and Sec- 25 (I) (B) (a) /27 Arms Act and

(iii) Section â€" 394/307/34 I.P.C and Section 25 and 27 of the Arms Act.

I have perused the statements of witnesses and the injury report available in the case diary. The injured has specifically implicated the petitioner and

the injury report reveals that he has sustained

1) incised injury of left side tempero parietal region behind left ear cutting bones of size 6â€​x1’x1/2â€​

2) incised wound on right hand cutting from wrist to the middle of

right hand cutting muscle and bones and vessels of size 6â€​x 2 ½’x 1/2â€​ placed obliquely

3) incised wound on left forearm from middle of back side to front side of wrist along the lateral border cutting ulna and wrist bones of size 8â€​x2â€​x1â€​.

4) transverse cut 2â€​x1/2’x1/3â€​ on left forarm ; and

5) cut of size 2 ½’ x 1â€​x ½â€​ over left scapula

Wounds No 1, 2 and 3 are opined to be grievous and caused by heavy cutting weapon.

Considering the nature of allegations against the petitioner and injuries sustained by the injured, I do not consider this to be a fit case for release of the

petitioner on bail at this stage.

The BLAPL is accordingly dismissed.

Urgent certified copy of the order be granted on proper application..

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