Petitioner in custody charged under IPC 325/323/302/34 sought bail. With co-accused released, this court directed release on bail by the court in seisin.
Directed release of the petitioner on bail by the court in seisin over the matter.
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BLAPL No.1977 of 2019
The petitioner being in custody in S.T. Case No.85 of 2018 (C.T. Case No.373 of 2018) arising out of Puruna Cuttack P.S. Case No.71 of 2018 pending in the court of learned District & Sessions Judge, Boudh has filed this petition for his release on bail. The offences alleged against the petitioner are punishable under Sections 325/323/302/34 IPC.
The prosecution case is that the petitioner along with three others in furtherance of their common intention stated to have killed the deceased. The incident occurred during the course of quarrel. It appears that the co-accused Achutya Swain and Babula Swain said to have assaulted the deceased for which the deceased died.
It is stated by the learned counsel for the petitioner that the co-accused, namely, Ananda Swain, who is similarly situated, has been released on bail vide order dated 22.2.2019 passed in BLAPL No.8211 of 2018.
Considering the facts and submissions made, notwithstanding the earlier rejection of the prayer for bail of the petitioner as the petitioner is similarly situated with co-accused released and the role ascribed to the petitioner, this Court directs that the petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on such terms and conditions as it would deem just and proper.
PKS
2
Accordingly, the BLAPL stands disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
1 issue framed by the court
Whether the petitioner, similarly situated to a released co-accused charged with murder, should be released on bail.
1 provisions across 1 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
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