Siba Gouda vs State Of Odisha

Sashikanta Mishra, J

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 13.09.2021 in connection with Kotpad P.S. Case No.167 of 2021 corresponding to C.T. Case No.45 of 2022 pending in the Court of learned Addl. Sessions Judge, Jeypore for the alleged commission of offence under Sections 302/34 of IPC.

It is alleged that the petitioner committed murder of one Laxman Gouda on 06.09.2021 being assisted by the co-accused, Bala Gouda. His earlier application for bail being BLAPL No. 2692 of 2022 was disposed of on 09.05.2022 by this Court granting him liberty to renew his prayer after examination of Bhima Gouda, the eye-witness to the occurrence. In the meantime said Bhima Gouda has been examined as P.W.-1. Perusal of the copy of his deposition reveals that he has not supported the prosecution case and turned hostile.

Learned State Counsel fairly submits that except for Bhima Gouda there is no other eye-witness to the occurrence. In such view of the matter, this Court finds no justification to detain the petition in custody any longer. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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