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Judgment
8 paragraphs · 261 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.
The petitioner is in custody since 18.08.2021 in connection with Berhampur Sadar P.S. Case No. 272 of 2021 Corresponding to G.R. Case No. 1387 of 2021 pending in the Court of learned 1st Addl. Sessions Judge, Berhampur, Ganjam for the alleged commission of offence under Sections 302/120-B/34 of IPC read with Sections 25(1-B)(b)/27 of Arms Act.
The prosecution allegation is that the petitioner and the other persons jointly committed the murder of the deceased by assaulting him with an axe. However, from the materials on record and the statement of witnesses, it transpires that at the time of occurrence the deceased in order to save himself had thrown same hot oil on the present petitioner which resulted in burn injuries on his person. Thereafter, the other accused persons assaulted the deceased causing fatal injuries. As such, there is no allegation of assault by the petitioner on the deceased.
In such view of the matter as also taking into account 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 is accordingly disposed of.
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