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Judgment
Heard learned counsel for the appellants and the learned counsel for the State as also learned counsel for the informant on the Interlocutory
Application filed by the appellants for granting bail during the pendency of this appeal.
The appellants have been convicted and sentenced for the offences under Sections 302, 323, 324, 341 / 34 of the Indian Penal Code.
Though there is allegation against all the accused persons to have assaulted the deceased who subsequently died, but the evidence of the injured
informant shows that there is specific allegation against the appellant No.3, namely, Rishi Nayak @ Shankar Nayak to have given the fatal blow on
the deceased.
In the facts of this case, we are not inclined to release the appellant No.3, Rishi Nayak @ Shankar Nayak, on bail. Accordingly, his prayer for bail is
hereby rejected.
So far as the other appellants are concerned, we are inclined to release the appellant Nos.1, 2, 4 & 5, Jeet Lal Nayak, Chet Lal Nayak @ Chet Lal
Mahto, Kalawati Devi @ Gudiya Devi and Sunita Devi on bail. They were also on bail during trial. Accordingly, the appellants, named above, are
directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand), each with two sureties of the
like amount each, to the satisfaction of learned Additional Sessions Judge-II, Special F.T.C. (C.A.W), Bermo at Tenughat, in connection with Sessions
Trial Nos. 168 of 2017 & 150 of 2018.
The aforesaid Interlocutory Application stands allowed in part.
