Mitu@Murali Sahu Vs State of Odisha

Mr. Priyabrata Tripathy Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO ORDER 26.02.2024 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State submitted that the notice on the respondent no.2/informant has been made sufficient.

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None appears for the respondent no.2/informant.

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

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This is an appeal under section 14(A) of S.C. & S.T. (PoA) Act in connection with G.R. Case No.11 of 2021 arising out of Berhampur Sadar P.S. Case No.57 of 2021 pending in the Court of learned 1^st Addl. Sessions Judge -cum- Special Judge, Berhampur, Ganjam for offences punishable under sections

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341/427/294/302/307/326/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act.

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The appellant moved an application for bail before the Court of learned 1^st Addl. Sessions Judge -cum- Special Judge, Berhampur which was rejected on 26.12.2023.

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Learned counsel for the appellant submitted that the appellant Mitu @ Murali Sahu is in judicial custody since 05.04.2021 and he has been charge-sheeted under sections 302/307/341/427/294/326/134 of the Indian Penal Code and section 3(2)(v) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that the occurrence in question took place on 07.03.2021 and Prasanta Kumar Sethi, the son of the deceased Kora Sethi and Mukesh Mandal are the eye-witnesses to the occurrence and they have already been examined in the trial Court as P.W.2 & P.W.3 respectively and they have stated in an omnibus manner regarding the participation of the appellant in the alleged crime. Learned counsel further submitted that as per the evidence of P.W.2 & P.W.3, the appellant was holding a sword, however the post-mortem report indicates that out of six external injuries sustained by the deceased, the main injury is external injury no.2, which is split lacerated wound of size 4 cm x 1 cm bone deep present

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horizontal over right parieto – temporal area present 5 cm above root of left ear with fracture of underlying bone, which according to the doctor is sufficient to cause death and such injury is possible by heard and blunt force impact and as per the post-mortem report, the only external injury no.4, which is superficial cut injury over the dorsal aspect of inter–phalangial joints can be caused by sharp cutting weapon. Learned counsel for the appellant further submitted that in view of such report, it prima facie appears that the blow given by the appellant, if any, has not resulted in the death of the deceased. He further submitted that some of the co-accused persons have already been granted bail by this Court in different CRLAs., which are annexed to this appeal memo as Annexure-3 series. Learned counsel further submitted that since the two eye-witnesses to the occurrence have already been examined, at this stage, there is no chance of tampering with the evidence. He further pointed out from the comprehensive affidavit filed on behalf of the appellant that out of four cases instituted against the appellant, in one case, final report has been submitted and in other case, the appellant has been acquitted and the rest two cases are triable by the learned Magistrate. It is argued that in view of the period of detention of the appellant in judicial custody, the prayer for bail may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and placed the evidence of P.W.2 & P.W.3 so also the post-mortem report.

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the learned trial Court, the post-mortem report finding, the release of the coaccused persons on bail and the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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The CRLA is accordingly disposed of.

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Urgent certified copy of this order be granted on

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proper application.

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Signature Not Verified

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( S.K. Sahoo)