Chandan Polai vs State of Odisha

S.K. Sahoo, J

This matter is taken up through video conferencing Mode).

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Aska P.S. Case No.618 of 2020 corresponding to G.R. case No. 1098 of 2020 pending in the Court of learned J.M.F.C., Aska for alleged commission of offences under sections 341, 323, 294, 307, 302/34 of the Indian Penal Code.

The prayer for bail of the petitioners has been rejected by the learned Addl. Sessions Judge, Aska by order dated 03.03.2021.

Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 27.11.2020 and charge sheet has already been submitted under sections 341, 323, 294, 307, 302/34 of the Indian Penal Code and one of the co-accused, namely, Madan Mohan Polai has been released on bail in BLAPL No. 1389 of 2021 and the occurrence is stated to have taken place out of grave and sudden provocation and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State submitted that the petitioners' case is quite distinguishable from the co-accused Madan Mohan Polai, who has been enlarged on bail inasmuch as the deceased died on account of assault made by the petitioners by means of bamboo sticks and the cause of death was on account of cranio cerebral injury and its complications thereof.

Perused the bail order in respect of the co-accused Madan Mohan Polai, who has been released on bail. It appears that taking into account the fact that these two petitioners are the main assailants of the deceased, he has been enlarged on bail.

In view of the available materials on record, the nature and gravity of accusation and the nature of overt act alleged against the petitioners, I am not inclined to release them on bail. The petitioners are at liberty to renew their prayer for bail after examination of the eye witnesses in the learned trial Court. Since the case is now pending in the Court of learned J.M.F.C., Aska, steps shall be taken for expediting the commitment of the case to the Court of Session, if there is no other imnpediment and after the charges are framed, the learned trial Court shall do well to take steps for examination of the eye witnesses at the first instance.

The BLAPL is accordingly disposed of.

Let the order be communicated to the Court concerned forthwith.

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