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Judgment
8 paragraphs · 238 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 26.02.2021 in connection with Motu P.S. Case No. 55 of 2020 corresponding to C.T. Case No. 65 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections 302/201/342/34 of IPC.
It is alleged that the petitioner and five other persons committed the murder of the deceased in front of his wife and burnt his dead body. It is submitted that in the meantime, trial has begun in course of which three witnesses have been examined but none of them has supported the prosecution.
Since several witnesses remain to be examined, this Court is not inclined to grant regular bail to the petitioner. However taking into consideration the fact that the petitioner has been in custody for nearly three years and trial appears to be progressing somewhat slowly, I am inclined to take a lenient view. The bail application is therefore disposed of directing the court below to release the petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose.
The BLAPL is disposed of accordingly.
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