Surya Narayan Nayak vs State Of Odisha

V. Narasingh, J

Since all the BLAPLs relate to the same P.S. (Purusottampur P.S. Case No.333 of 2023), on the consent of the learned counsel for the Petitioners as well as State, they are taken up together and are disposed of by this common order.

Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State.

The Petitioners are accused in connection with G.R. Case No.320 of 2023, pending on the file of the learned J.M.F.C., Purusottampur, arising out of Purusottampur P.S. Case No.333 of 2023 for alleged commission of offences under Sections 302/201/143/147/148/341/342/149 of IPC.

Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Dist. & Sessions Judge, Chatrapur, Ganjam by orders dated 29.09.2023 and 26.09.2023 respectively in the aforementioned cases, the present BLAPLs have been filed.

It is the submitted by the learned counsel that the Petitioners are in custody since 19.05.2023 and the deceased in the case at hand is one Bahuda Sahoo.

It is further submitted that since charge sheet has already been filed on 14.09.2023 and taking into account the nature of allegations and the evidence as relied upon by the prosecution, their further continuance in custody is not warranted.

It is submission of the learned counsel appearing for the Petitioner (Surya Narayan Nayak) in BLAPL No.11553 of 2023 that there is serious discrepancy regarding his implication inasmuch as, the witnesses, namely, Bulu Nayak-C.W.12 and Sunil Kumar -C.W.13 have given prevaricating statements. Inasmuch as, in the statement recorded U/s.164 Cr.P.C., they have not implicated the Petitioner.

Learned counsel appearing for the Petitioner (Mitu Nayak) in BLAPL No.11358 of 2023 submits that the co-accused Kishore Chandra Nayak has given discovery of the weapon of offence under Section 27 of the Evidence Act and if his disclosure statement is taken into account and even if the entire prosecution case is accepted at its face value, it cannot be said to be a case under Section 302 of IPC since the occurrence had happened on the spur of the moment.

Similar submission is made by the learned counsel appearing for the Petitioners (Tapan Kumar Padhiali and Bhabani @ Bhabini Sankar Sahu) in BLAPL Nos.11494 and 11497 of 2023 respectively.

Per contra, learned counsel for the State, Mr. Maharaj takes this Court through the post-mortem report which is on record in BLAPL No.11553 of 2023. In the post-mortem report, it is seen that the deceased had suffered twenty-two external injuries and seven internal injuries.

For convenience of ready reference the external injuries as well as internal injuries and the opinion of the doctor conducting post-mortem is extracted hereunder;

“External injuries:

Abraded contusion of size 3cmx0.5cm is present over the dorsum of left foot 6 cm distal to the left ankle joint.

Haemorrhagic lacerated wound of size 1cmx1cmx soft tissue deep in present over the dorsum of left foot, 7cm distal to left ankle joint.

Three number of abraded contusions of size 1.5cmx1cm, 1cmx1cm, 5cmx1cm are present over the anterior aspect of left leg, 15cm below the knee joint with another abraded contusion of size 3cmx1cm is 5cm below the left knee.

Five linear ABCs of length 1cm,2.5cm, 3cm, 4cm, 5cm are present on the antero-medial aspect of left leg.

Three number of parallel bruises of size 8cmx2.5cm are present across the anterior aspect of left thigh.

Contusion over an area of 15cmx10cm over the anterior aspect of left leg, 12cm below the knee joint.

Lacerated wound of size 2cmx0.5cmxmuscle deep is present over the posterior aspect of left arm.

Multiple parallel bruises are present across lateral aspect of the left arm

Multiple ABCs of size varying 0.5cmx0.5cm to 7cmx0.5cm are present over the posterior aspect of left arm and left deltoid area.

Multiple ABCs and parallel bruises of size varying from 0.5cmx0.5cm to 15cmx0.5cm are present on the back and both gluteus.

Palpable fracture of mandible over the symphysis menti.

Multiple ABCs of size varying from 0.3cmx0.3cm to 2cmxlcm are present on the left side of face.

Incised wound of size 5cmx0.5cmxscalp deep present over the scalp, 1cm medial and l cm anterior to left parietal eminence.

Multiple ABCs of size 0.5cmx0.5cm to 1cmx1cm are present over the right zygomatic area.

Multiple ABCs with parallel bruises are present over the posterior and lateral aspect of right arm and proximal half of right forearm.

Two parallel bruises of size 6cmx2cm and 15cmxlcm are present over the front of chest, 5cm below clavicle in the right side.

Five number of parallel contusions of size 5cmx2cm to 10cmx2cm are present over the upper left lateral aspect of abdomen.

Linear ABC of length 12cm is present over the left side of chest, 6cm lateral to midline and 30cm from the tip of left shoulder.

Multiple contusions of size varying from 5cmx2cm to 25cmx8cm are present on the anterolateral aspect of right thigh and right leg.

Haemorrhagic lacerated wound of size 2cmx2cmxsoft tissue deep is present over the anterior aspect of right leg.

Multiple ABC of varying size from 0.5cmx0.5cm to 4cmx1cm over the anterior aspect of right leg.

ABC of size 3cmx2cm is present over the sole of right foot, 5cm proximal to base of great toe.

Internal injuries: 1. The under surface of the scalp is contused over the left temporo-occipital region. The skull and dura are intact. Brain is deeply congested with a thin layer of sub arachnoid haemorrhage present diffusely over both the cerebral hemispheres.

The neck structures are intact.

The anterior chest wall is contused. Transverse fracture of body of the sternum is present between the 2nd and 3rd sternebrae. The entire under surface of sternum is contused. Both the pleura are intact. The base of both the lungs is contused. The pericardium is contused all over with intact heart, containing fluid blood in right chambers.

Stomach contains about 50ml of grayish brown fluid emitting disagreeable odour. Its mucosa is congested at some places and sub mucosa contains haemorrhagic spots.

The liver, kidneys and spleen are intact and congested.

The bladder is intact and empty.

The organs of generation are intact.”

It is the further submission of the learned counsel for the State referring to the statement of one Gantei Nayak-C.W.10, that the deceased was tied to a pole and mercilessly beaten up and ultimately succumbed.

Considering the materials on record and the post-mortem report, this Court is not inclined to entertain this bail application at this stage.

Leave is granted to the Petitioners to renew their prayer before the learned Court in seisin at a later stage after examination of the material witnesses.

It is needless to state that the observations made herein are for the purpose of consideration of the bail application only. And, the complicity of the Petitioner has to be adjudicated on the basis of the materials on record independently in the impending trial.

Accordingly, all the BLAPLs stand disposed of.

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

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