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Judgment
13 paragraphs · 410 wordsV. Narasingh, J
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are accused in C.T. Case No.710 of 2020, pending in the Court of learned J.M.F.C., Basta, arising out of Basta P.S. Case No.143 of 2020, for commission of alleged 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 2nd Additional Sessions Judge, Balasore by order dated 16.12.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that charge sheet has been filed on 19.10.2020 showing the petitioner as an absconder.
It is submitted by the learned counsel that the petitioners surrendered pursuant to the order passed by this Court by order dated 17.11.2022 in ABLAPL No.3576 of 2022.
It is further submitted that since the co-accused Tima @ Tina Hembram & Another have since been released on bail by order dated 25.03.2022 in BLAPL No.1269 of 2022 and another co-accused Pandu @ Babul Soren has been released on bail by order dated 24.12.2021 in BLAPL No.7446 of 2021, the petitioner may be released on bail.
It is rightly pointed out by the learned counsel for the State that what weighed with this Court in BLAPL No.7446 of 2021 is that the petitioner (Pandu @ Babul Soren) therein was in custody for more than a year and referring to the judgment of the Hon’ble Apex Court in the case of Hussainara Khatoon & Others Vrs. State of Bihar, this Court directed release of the said petitioner and ex facie the present petitioners are not similarly circumstanced.
This Court carefully perused the order relating to the co-accused Tima @ Tina Hembrum and another referred to hereinabove.
Considering the manner in which the offence has been committed because of the conduct of the deceased in an intoxicated stage, as noted by this Court and prima facie, this Court is persuaded to hold that the present petitioner is similarly circumstanced with the petitioner in BLAPL No.1269 of 2022. In this regard, this Court perused the statement of Sumi Hembrum-the mother of the deceased CSW No.8. Accordingly, this Court directs, petitioners 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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