Khemundu Pangi vs State Of Odisha

V. Narasingh, J

Since all the three BLAPLs relate to the same P.S. Case (Nandapur P.S. Case No.121 of 2022) (on the file of learned Additional Sessions Judge-cum-Special Judge, At-Jeypore), they are heard together on the consent of the parties and are being disposed of by this common order.

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

The Petitioners are accused in connection with C.T. Case No.43 of 2023, pending on the file of the learned Additional Sessions Judge-cum-Special Judge, At-Jeypore, arising out of Nandapur P.S. Case No.121 of 2022, for alleged commission of offences under Sections 302/201/34 of IPC.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Koraput, by order dated 20.07.2023 in the aforementioned cases, the present BLAPLs have been filed.

It is submitted by the learned counsel that the Petitioners are in custody since 19.10.2022 on the accusation of committing murder of one Masuri Pangi.

It is stated that charge sheet has been filed on 08.02.2023 and since the accusation is on the basis of circumstantial evidence and one of the co-accused Kamlu Pangi has been released on bail by this Court by order dated 06.10.2023 in BLAPL No.5812 of 2023, learned counsel for the Petitioners seeks release inter alia on the ground of parity.

Referring to the post mortem report, it is submitted by the learned counsel that there is discrepancy regarding the actual time of death, which ought to ennure to the benefit of the Petitioners. Hence, their further incarceration in custody is not justified.

Learned counsel for the State opposes the prayer for bail.

This Court while releasing the co-accused Kamlu Pangi has taken note of the disclosure statement of one of the Petitioner (Keshaba Pangi) in BLAPL No.8799 of 2023.

Learned counsel for the State places reliance on one of the witnesses to the disclosure statement Sima Khara-CSW No.29 and also Tulasi Pangi-CSW No.1, who has allegedly seen all the present Petitioners along with the accused, who has since been released on bail, going along with the deceased.

This Court carefully went through the disclosure statement of Keshaba Pangi recorded under Section 27 of the Evidence Act coupled with the statement of Tulasi Pangi-CSW No.1.

On consideration of the same, this Court is not persuaded to hold that the present Petitioners are similarly circumstanced with the co-accused who has since been released on bail.

Taking into account the nature of allegation and the manner in which the offence has been committed, this Court is not inclined to entertain these bail applications of the Petitioners at this stage.

Liberty is given to the Petitioners to renew their prayer before the learned Court in seisin after examination of material witnesses.

Accordingly, the BLAPLs are disposed of.

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

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