Orissa High Court
Rushi Behera @ Kalia vs State Of Odisha ... Opp. Party on 25 January, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No.3033 of 2020 1
Rushi Behera @ Kalia ... Petitioner
-Versus-
State of Odisha ... Opp. party
04. 25.01.2021 The matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with G.R. Case No.702 of 2019
arising out of Aska P.S. Case No.384 of 2019 pending in
the Court of learned J.M.F.C., Aska for offences
punishable under sections 302/506/341/34 of the Indian
Penal Code.
The petitioner moved an application for bail
before the Court of learned Additional Sessions Judge,
Aska which was rejected on 19.03.2020.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 19.10.2019 and
he has been charge sheeted under sections
302/506/341/34 of the Indian Penal Code. The
occurrence in question took place on 16.10.2019 and the
first information report was lodged on 18.10.2019 and as
per the eye witness account of one Gopal Behera, during
course of quarrel, the petitioner stated to have assaulted
the deceased by means of an iron rod where after he was
shifted to the hospital and during course of his
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treatment, he died on the next day of occurrence. He
further submitted that in view of the background of the
case, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State, on the other
hand, submitted that the eye witness account is
corroborated by the post mortem examination report
which indicates that there are injuries on the head of the
deceased and which were opined to be ante mortem in
nature and can be caused by hard and blunt object and
the death was due to coma as a result of cranio-cerebral
injuries.
Considering the submissions made by the
learned counsel for the respective parties, the nature and
gravity of the accusation against the petitioner, the
manner in which the occurrence took place, the overt act
alleged against the petitioner, the post mortem report
findings, I am not inclined to release the petitioner on
bail. The prayer for bail stands rejected.
However, since charge sheet has already been
submitted, steps shall be taken by the learned
J.M.F.C., Aska to commit the case to the Court of
Session expeditiously and after commitment, the learned
trial Court shall take steps for framing of charge at an
earliest and at the first instance, every endeavour shall
be made to examine the eye witness at the first instance
and after examination of the said eye witness, the
petitioner would be at liberty to renew his prayer for bail.
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The BLAPL is accordingly disposed of.
A copy of the order be sent to the learned trial
Court for compliance.
Issue urgent certified copy as per Rules.
.............................
S.K. Sahoo, J.
RKM