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Judgment
10 paragraphs · 301 wordsSavitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Ambabhana P.S. Case No. 29 of 2021 corresponding to C.T. Case No. 190 of 2021 in the court of the learned S.D.J.M., Bargarh which is now pending before the learned Additional District & Sessions Judge, Bargarh in C.T. Case No. 46/112 of 2021 under Sections 302 and 34 of IPC.
The prosecution allegations in brief against the petitioner are that the deceased was staying in the house of the complainant since 5 years after the death of her husband. On 24.02.2021 at about 12 noon, when she had been to Pathar Ghat nala, the petitioner suddenly assaulted her by means of a bamboo lathi, resulting in injuries. She was sent to the hospital by 108 ambulance for treatment and she died in the hospital.
Mr. D.K. Sahu, learned counsel for the petitioner submits that the petitioner is in custody since 25.02.2021 and although the trial has started out of 21 chargesheet witnesses, only 8 witnesses have been examined for which the petitioner may be released on bail.
Mr. D.K. Mishra, learned Additional Government Advocate opposes the prayer for bail and produces the post mortem report of the deceased which indicates that the deceased had sustained about 10 injuries out of which 6 injuries are fractures.
Considering the nature of injuries, I am not inclined to allow the prayer for bail.
The BLAPL is accordingly dismissed.
Considering the fact that the petitioner is in custody since 25.02.2021, learned trial court is requested to take steps for early completion of the trial as expeditiously as possible within a period of 6 months, if there is no other impediments.
Urgent certificate of this order be granted on proper application.
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