Bidya Harpal vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

As directed, the Court below has submitted a status report indicating that 31 out of 41 charge sheeted witnesses have been examined. Three witnesses have been declined by prosecution. Further, the mother of the deceased has already been examined as P.W.-22, whose deposition has been forwarded.

The petitioner is in custody since 18.02.2020 in connection with Komna P.S. Case No.35 of 2020 corresponding to S.T. Case No.45/8 of 2020-23 pending in the Court of learned Addl. District and Sessions Judge, Nuapada for the alleged commission of offence under Section 302 of IPC.

The prosecution case is that the petitioner, who is the step brother of the deceased, assaulted him by means of an axe causing bleeding injury on his left eyebrow. Subsequently, the deceased died. It is submitted that none of the witnesses examined so far has supported the case of the prosecution including the eye-witness, P.W.-22 (mother of the deceased). That apart, the cause of death of the deceased as stated by doctor (P.W.-24) is due to heart failure. Thus, prima facie, there is absence of the ingredients of the offence under Section 302 of IPC.

Taking into consideration all the above facts as also 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.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

…………………………….