Daka Jena @ Ajaya Jena vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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

This is an application for bail under section 439 of Cr.P.C. in connection with Balugaon P.S. Case No.123 of 2012 corresponding to G.R. Case No.

330 of 2012 pending in the Court of learned J.M.F.C., Chilika for alleged commission of offences under sections 323, 324, 307, 302 of the Indian Penal

Code.

The prayer for bail of the petitioner was rejected by the learned 2nd Addl. Sessions Judge, Khurda vide order dated 05.02.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 15.12.2020 and he has been charge sheeted under sections

323, 324, 307, 302 of the Indian Penal Code. He further submitted that the occurrence in question took place on 02.09.2012 and it was a love marriage

between the petitioner and one Kabita Palai prior to the date of occurrence and they were blessed with a girl child and on the occurrence day, when a

quarrel ensured between the petitioner and his wife Kabita Palai, the deceased Chandrama Palai, who happened to be the mother in-law of the

petitioner intervened. The petitioner stated to have given a blow on the head of his mother in-law with a wooden plank and also assaulted to his wife

Kabita Palai. Learned counsel further submitted that due to grave and sudden provocation, one blow has been given on the head of the deceased and

therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, placed the statement of the injured Kabita Palai, the wife of the petitioner, from which it appears that

the petitioner dealt repeated blows on the head of the deceased Chandrama Palai. He also placed the post mortem report, which indicates that the

deceased had sustained three external injuries, the first one was a lacerated wound on the middle of the skull, the second one was on the right

temporal area and the third one was a contusion on the left temporal area and the cause of death as per the post mortem examination report was on

account of haemorrhage with neurogenic shock and the injuries were opined to be ante mortem in nature. Learned counsel further submitted that the

petitioner was an absconder for about eight years.

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation against the petitioner, the

manner in which the petitioner assaulted his wife and his mother in-law (deceased) at the time of occurrence as per the statement of the injured, who

is the wife of the petitioner, the post mortem report finding and further taking into account the fact that the petitioner was an absconder for eight

years, while not inclining to release the petitioner on bail, I direct the learned Magistrate to expedite commitment of the case to the Court of Session, in

the event of the which trial Court shall expedite the trial.

The BLAPL is accordingly disposed of...

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