Allowed

Laxman Das v. State of Odisha

Orissa HC23 Aug 2021BLAPL/801/2021

Case brief

AI extract

What is this about?

The High Court disposed of two bail applications filed by Laxman Das and Papu Das challenging their detention in a riot and murder case. After hearing counsel and considering the role of the petitioners alongside co-accused already released, the court granted bail conditioned on furnishing a bond and sureties.

What did the court decide?

Petitioners released on bail by furnishing a bond of Rs.50,000 each with two local solvent sureties each for the like amount.

Laxman Das Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.801 of 2021

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Laxman Das …. Petitioner

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Mr. L. Mohapatra, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. P.K. Mohanty, Addl.Standing Counsel

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BLAPL No.2948 of 2021
Papu Das …. Petitioner
Mr. L. Mohapatra, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. P.K. Mohanty,
Addl.Standing Counsel
CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 23.08.2021

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Both bail applications are taken up through Hybrid arrangement (video conferencing/physical Mode).

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Since both the bail applications arise out of one case i.e. C.T. Case No.3750 of 2020 pending the

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// 2 //

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Court of learned S.D.J.M., Bhubaneswar, with the consent of the learned counsel for the respective parties, both the cases are heard analogously and disposed of by this common order.

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Heard learned counsel for the petitioner and learned counsel for the State.

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Both the applications are under section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Khandagiri P.S. Case No.540 of 2020 corresponding to C.T. Case No.3750 of 2020 pending

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in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 147/148/302/149 of the Indian Penal Code.

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The petitioners moved an application for bail before the Court of Addl. Sessions Judge, Bhubaneswar, which was rejected on 27.01.2021.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 25.10.2020 and they have been charge sheeted under sections 147/148/302/149 of the Indian Penal Code. The occurrence in question took place on 02.09.2020 and the eye witnesses Bhagirathi Das and others have specifically implicated co-accused Rinku Maharana to have assaulted the deceased Aswini Padhi @ Badal over his head with a ‘tangia’ which was the fatal injury and so far as the allegation against the petitioners and other co-accused persons are concerned, it is stated that they gave fist and kick

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blows to the deceased. He further submitted that one of the co-accused, namely, Ranjan Das has already been released on bail in BLAPL No.8767 of 2020 as per order dated 03.03.2021 and therefore, in view of the role attributed to the petitioners and the period of detention of their in judicial custody, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, while not disputing the contention raised by the learned counsel for the petitioners, placed the

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statement of one Batua Das, who is also an occurrence witness and the post mortem report which indicates that the deceased has sustained as many as seven injuries and the cause of death has been opined to be septicemia and shock.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the nature of overt act alleged against the petitioners as per the statements of the eye witnesses and since the main allegation is against the co-accused Rinku Maharana, release of the co-accused, namely, Ranjan Das in BLAPL No.8767 of 2020 as per order dated 03.03.2021 and taking into account the period of detention in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-

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(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of Court in seisin over the matter with further terms and conditions as the learned Court may deemed just and proper.

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Both the BLAPLs are accordingly disposed of. Urgent certified copy of this order be issued as per Rules.

( S.K. Sahoo)

Judge

Jagabandhu

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Laxman Das v. State of Odisha

Case brief

What is this about?

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Laxman Das v. State of Odisha

Case brief

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