Ganga Padiami And Another vs State Of Odisha

V. Narasingh, J

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

The Petitioners are accused in connection with C.T. Case No.68 of 2021 pending on the file of learned Sessions Judge, Malkangiri, arising out of Podia P.S. Case No.43 of 2020 for commission of offence alleged under Sections 302/201/34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Malkangiri by order dated 14.09.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioners are in custody since 09.10.2020 and the allegation is of causing death of one Waga Kabasi who is the husband of the P.W.1.

Referring to the statement of P.W.1 which is on record, it is submitted that the said witness has turned hostile.

It is also brought to the notice of this Court that other material witnesses such as P.W.3 and P.Ws.10 and 11 witnesses to the seizure under Section 27 of the Evidence Act have also not supported the prosecution.

Referring to the same, learned counsel for the Petitioners submits that further continuance of the Petitioners in custody is unwarranted in fact punitive.

Learned counsel for the State opposes the prayer for bail and submits that during the course of trial it is not open for this Court to make a microscopic examination of the materials on record, since further witnesses are yet to be examined.

Learned counsel for the Petitioners brings to the notice of this Court that most of the other witnesses are official witnesses and hence only because they have not yet been examined, that ought not to deter this Court from considering the bail application of the Petitioners.

Taking into account the nature of allegation qua the Petitioners and as material witnesses have not supported the prosecution, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that Petitioners shall appear on each date of trial and also shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

It is further directed that one of the family member of each of the Petitioners shall execute a P.R bond in addition to the sureties so fixed.

It is needless to state that the observations made herein are for the purpose of consideration of the bail application only. And, the complicity of the Petitioners has to be adjudicated on the basis of the materials on record independently in the impending trial.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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