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Ajay Kumar Sahoo And Another vs State Of Orissa

Orissa High Court · Decided on 28 February 2022 · Citation: (2022) 02 OHC CK 0198

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 302, 323, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 11245 Of 2021
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Judgment

9 paragraphs · 210 words

Sashikanta Mishr, J

1.

This matter is taken up through virtual mode.

2.

Heard Mr. S.R. Mohapatra, learned counsel for the Petitioners and Mr.S.K.Mishra, learned Addl. Standing Counsel for the State.

3.

The Petitioners are in custody since 9th November, 2021 in connection with Jatni P.S. Case No.587/2021 corresponding to G.R. Case No.624/2021 pending in the court of learned J.M.F.C., Jatni for the alleged commission of the offence under Sections 294/323/302/506/34 of I.P.C.

4.

Considering the submissions made, the materials on record, the period of detention already undergone and the fact that there does not appears to be any premeditation on the part of the Petitioner to kill the deceased which is further fortified by the opinion of the autopsy surgeon that the death of deceased was due to sudden cardiac arrest, I am inclined to allow the prayer for bail.

5.

Let the Petitioners 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 they 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.

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