Muchi Patra vs State Of Orissa RESPONDENT

V. Narasingh, J

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

The petitioner is an accused in S.T. Case No.67 of 2022, pending in the file of learned Sessions Judge, Deogarh, arising out of Deogarh P.S. Case No.405 of 2022 commission of alleged offences under Sections 302 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Deogarh by order dated 28.10.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 18.05.2022 on the allegation of causing death of his son and as charge sheet has been filed on 13.09.2022 and considering the surrounding circumstances, he may be released on bail.

It is submitted that even if the entire allegation of the prosecution is accepted at its face value no case under Section 302 of IPC is made out.

Per contra, learned counsel for the State relying on the statement of Jyoti Patra who is the sister of the deceased and daughter of the present petitioner and the post-mortem report submits that it is manifestly clear that the manner in which the multiple blows were inflicted, its a clear case of 302 of IPC and as such, the petitioner’s bail application does not merit consideration at this stage.

This Court carefully examined the materials on record particularly statement of Kuni Patra, the informant who is the wife of the deceased. She has given a detailed account of the conduct of the deceased and the rancour created in the family because of his behavior.

It is the further submission of the learned counsel for the petitioner that being vexed with such behavior, the act was committed in an fit of anger without any premeditation and the number of blows were part of the same transaction and merely because there has been multiple blows it cannot be said that offence is one under Section 302 of IPC.

He also places reliance on the conduct of the petitioner-father sitting by the side of the dead body of his son in a dazed state.

On a conspectus of materials on record including the conduct of the petitioner and his age (61 years), this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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