Puskara Gahir vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr.P.S. Mahananda and his associates have filed power for the informant along with objection to the bail application, which are taken on record.

Copy of the objection has also been served on the learned counsel for the informant as well as learned counsel for the State.

Heard learned counsel for the appellant, learned counsel for the State as well as learned counsel for the informant.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act in connection with Special G.R. Case No.10 of 2023 arising out of Saintala P.S. Case No.312 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Titilagarh for offences punishable under sections 302/201 of the Indian Penal Code read with sections 3(2)(v) of the S.C. & S.T. (PoA) Act.

The appellant moved an application for bail before the Court of learned Addl. Sessions Judge - cum- Special Judge, Titilagarh, which was rejected on 13.04.2023.

Learned counsel for the appellant submitted that the appellant is in judicial custody since 03.11.2022 and he has been charge sheeted under sections 302/201 of the Indian Penal Code read with sections 3(2)(v) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that the occurrence in question took place on 31.10.2022 and the first information report was lodged by one Padmanav Mahananda, who is the son of the deceased-Janaki Mahananda on 01.11.2022 at Saintala police station. Learned counsel further submitted that there are no eye witnesses to the occurrence and it is solely based on circumstantial evidence and it appears from the statement of one Bhajaraj Mahananda, who is the brother-in-law of the deceased that there was a civil dispute between the parties and it is suspected that for such dispute, the appellant might have committed murder of the deceased. Learned counsel further argued that it is the prosecution case that at the instance of the appellant, one bamboo stick and a sickle were recovered basing on the statement of the appellant recorded under section 27 of the Evidence Act. Learned counsel further argued that in view of the available material on record and the period of detention of the appellant in judicial custody, the bail application of the appellant may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that the 164 Cr.P.C statement of one Okila Gahir was recorded on 03.11.2022 in which he has stated about the presence of both the deceased and appellant on the field and there was quarreling and the appellant was holding one bamboo stick and a sickle. Learned counsel further submitted that the post mortem report findings indicate that the cause of death was on account of head injury and complications thereof and submitted that there is nothing in the case diary to show that the appellant has got any criminal antecedent.

Learned counsel for the informant also opposed the prayer for bail and submitted that even though there is no direct evidence against the appellant yet for the fact that there is clinching circumstantial evidence, he should not be released on bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant basing on direct evidence, nature of circumstantial evidence on record and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.

Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The CRLA is accordingly disposed of.

Issue urgent certified copy of this order on proper application.

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