Orissa High Court
Rajanikanta Dandasena vs State Of Odisha .... Opposite Party on 4 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1792 of 2023
Rajanikanta Dandasena .... Petitioner
Mr. J. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Mohanty, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.04.2023 Order No.
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in C.T. No.366 of 2022 pending on the file of learned Addl. Sessions Judge, Dharamgarh, Kalahandi arising out of Junagarh P.S. Case No.377 of 2022 for commission of the alleged offence under Section 302 IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Dharamgarh, by order dated 21.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 11.09.2022 and charge sheet has been filed on 31.12.2022.
5. It is further submitted that taking into account the background in which the offence has been committed it cannot be Page 1 of 2 said that it is a case under Section 302 IPC. Hence, the Petitioner may be released on bail.
6. Learned counsel for the State opposes the prayer for bail.
7. This Court perused the statement of Sumitra Dandasena wife of the Petitioner and mother of the deceased. From the said statement, it is borne out that the deceased came in a drunken stage to the house and abused his mother and when the present Petitioner tried to intervene, it is stated that there was an altercation and being enraged the present Petitioner took an axe which was lying there and dealt a blow to which the deceased succumbed.
8. Considering the background in which the incident has been taken place, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
9. Accordingly, the BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge PKS Page 2 of 2