Orissa High Court
Ganga Sahoo vs State Of Odisha .... Opp. Party on 24 September, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3171 of 2021
Ganga Sahoo .... Petitioner
Mr.S.D. Das, Senior Advocate
-versus-
State of Odisha .... Opp. Party
Mr.A.Pradhan,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.09.2021
06. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dharkote P.S. Case No.157 of 2019 corresponding to S.T. Case No. 33 of 2020 pending in the Court of learned Addl. Sessions Judge, Aska, Ganjam for alleged commission of offence under sections 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Aska, Ganjam which was rejected on 05.04.2021.
Learned counsel for the petitioner submitted // 2 // that the petitioner is in judicial custody since 28.10.2019 and his earlier bail application in BLAPL No. 430 of 2020 was rejected as per order dated 07.10.2020. He further submitted that in the meantime the eye witness Susanta Jena has been examined as P.W.2 during trial and he has not supported the prosecution case and even though it is the prosecution case that the deceased made oral dying declaration before the doctor, namely, Dr. Bighneswar Panigrahi of C.H.C., Sheragada but the said doctor being examined as P.W.1 has stated that on 23.10.2019 the deceased came with multiple injuries on his body and his condition was very serious and after giving him first aid treatment, he was referred to M.K.C.G. Medical College and Hospital, Berhampur for further treatment and the doctor has specifically stated that he has not ascertained from the injured about the detailed history of the injury on his body and he has also not recorded the dying declaration of the injured. Learned Senior Advocate further submitted that another brother of the deceased, namely, Tukuna Pradhan has been examined as P.W.5 and he has also not supported the prosecution case and was declared hostile and in view of the change in the circumstances after rejection of the earlier bail application and the period of detention, the bail application of the petitioner may be favourably Page 2 of 4 // 3 // reconsidered.
Learned counsel for the State, on the other hand, has produced the case diary and placed the 164 Cr.P.C. statement of one Kalu Pradhan, who is another brother of the deceased and he has stated that when on hearing hullah, he arrived at the scene of occurrence and found that the deceased Babu was having profuse bleeding and the accused persons were decamping from the spot in three motor cycles and the petitioner threatened him with dire consequences if he disclosed the incident before anybody and thereafter, he shifted the deceased to Sheragada hospital in an auto rickshaw and then to M.K.C.G. Medical College and Hospital, Berhampur, where he was declared dead.
Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, the fact that the eye witness to the occurrence being examined in the trial Court has not supported the prosecution case and the doctor before whom the oral dying declaration was stated to have been made has also stated nothing in that respect and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct him on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-
Page 3 of 4// 4 // (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 including the conditions that the petitioner shall not tamper with the prosecution witnesses, 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. Violation of any of the conditions shall entail cancellation of bail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo Page 4 of 4