Ramakanta Mishra vs State Of Odisha

Sashikanta Mishra

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 22.11.2021 in connection with Jaharabandha P.S.Case No.33/2021 corresponding to G.R.Case No.249/2021 further corresponds to C.T.Case No. 15/2023 pending in the Court of the learned Additional Sessions Judge, Padmapur, for the alleged commission of the offence under Sections 341/323/325/307/34.

It is alleged that when one Biswajit Rathans, a Field Assistant of a Finance Company was returning on his motor cycle carrying the instalment money, two unknown persons followed him in a motor cycle and snatched away the money after assaulting him. Because of such assault, he sustained grievous injuries and ultimately died in the Hospital.

In course of investigation, the complicity of several persons including the Petitioner came to light. The Petitioner had earlier approached this Court in BLAPL No.12832/2022, which was disposed of granting him liberty to renew his prayer after examination of one Binod Rana. The present application has been filed as in the meantime said Binod Rana has been examined as P.W.8. Certified copy of the deposition of Binod Rana has been filed in Court. It is seen that P.W.8 turned hostile. The other witnesses have also not implicated the Petitioner in any manner.

Considering the above, the BLAPL is allowed. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking any representation.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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