Bijay Muduli vs State Of Odisha

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.

The petitioner is in custody since 12.04.2023 in connection with Laxmipur P.S. Case No.38 of 2023 corresponding to C.T. Case No.51 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput for the alleged commission of offence under Section 302 of IPC.

It is alleged that the petitioner dealt a blow by means of a wooden plank which struck on the head of his wife ultimately causing her death. Being frightened, he ran away to the nearby jungle. On receiving information, the parents of the deceased came and took her to the nearby hospital but she did not survive. It is submitted that the occurrence took place out of a sudden quarrel without any premeditation, moreover only one blow was given.

Learned State Counsel has opposed the prayer for bail by submitting that an independent witness has clearly stated about the assault by the petitioner.

After considering the rival submissions and on going through the materials on record including the statement of one Duruja Muduli, who is the neighbour, this Court finds force in the submission that the act was without premeditation and most probably arose on the spur of the moment.

Considering the above and the period of detention 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

The BLAPL stands disposed of.

Issue urgent certified copy as per Rules.

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