Surya Patra & Anr. v. State of Orissa
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Indian Penal Code, 1860 ss. 302, 306
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 99. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Judge
Judgment
Mr. M. Acharya, Advocate -versus- State of Orissa …. Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH ORDER 29.08.2022 Order No.
This matter is taken up through hybrid mode. Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are accused in G.R. Case No.222 of 2022 arising out of Sheragada P.S. Case No.186 of 2022, pending in the file of learned J.M.F.C., Sheragada, under Sections 498-A/302/304- B/34 of IPC with Section 4 of D.P. Act.
Being aggrieved by the Rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, Ganjam, by order dated 29.07.2022 in the aforementioned case, the present BLAPL has been filed.
Learned counsel for the petitioners submit that charge- sheet has been filed inter alia under Section 306 of IPC though the F.I.R. was lodged under Section 302 of IPC and allied Sections.
The same is not disputed by the learned counsel for the State.
Taking into account the statement of the witnesses and the role ascribed to the present petitioners who are the brother-in-law and sister-in-law of the deceased, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.