Mahendra Majhi vs State Of Odisha

B.P.Routray, J

Heard Shri Sudipta Panda, learned counsel for the petitioner as well as Shri P.K. Maharaj, learned Counsel for the State through Video Conferencing.

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with C.T.Case 736 of 2020 arising out of

Bhawanipatna Sadar P.S. Case No. 287 of 2020 pending in the court of learned S.D.J.M., Bhawanipatna for alleged offences underÂ

Section 302/201/435/34 of I.P.C..

It is submitted on behalf of the petitioner that the petitioner is inside custody since 28.10.2020 and in the meantime though charge sheet has been

submitted upon completion of investigation, but no material could be surfaced against the petitioner except the statement of one of the co-accused

namely, Santosh allegedly made before two of the witnesses. Thus, it is submitted by the petitioner that only on the basis of the suspicion the petitioner

has been implicated and languishing inside custody.

Shri P.K. Maharaj, learned Addl. Standing Counsel on the other hand submits that there was previous enmity between the parties and as per the

confession made by co-accused Santosh, the petitioner along with him commited the muder.

It is seen that, this is a case of double murder where dead body of one of the deceased was recovered on 30.08.2020 and the dead body of the other

deceased has been recovered on 02.09.2020. Though the case is a serious one involving murder of two persons, at the same time looking to the

materials collected in course of investigation, it reveal that nothing more is there than the statement of the co-accused who implicates the petitioner as

his associates in committing the murder. Further no circumstantial evidence except the satement of previous enmity between the parties could be

brought by investigating agency.

Considering the materials brought in course of investigation against the present petitioner as placed by the parties, it is directed to release the petitioner

on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that

the petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from

disclosing such facts before the Court or tamper with the evidence and he shall appear before the trial court on each date fixed.

The BLAPL is accordingly disposed of.

Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No. 4798, dated 15th April, 2021.

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