Purna Bhoi @ Purna Chandra Bhoi vs State of Odisha

G. Satapathy, J.

This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sinapali PS Case No.59 of 2024 corresponding to ST Case No.92 of 2024 pending in the file of learned Addl. District & Sessions Judge, Khariar for commission of offences punishable U/Ss.341/323/307 of IPC, on the main allegation of committing murder of the deceased Raiguru Bag by assaulting him with a cudgel.

In the course of hearing, Mr.Kaustuva Mohanty, learned counsel for the petitioner submits that although there appears allegation against the petitioner for assaulting the deceased, but fact remains that the deceased was in an inebriated condition and he was abusing the general public and out of anger, the present petitioner allegedly assaulted the deceased by giving fist and kick blows and by means of an cudgel, however, the deceased died after one and half months of the occurrence and thereby, the offence U/S. 302 of IPC is never made out against the petitioner, rather at best a case U/S. 304 Part-II of IPC would be attracted against the petitioner which is punishable with maximum imprisonment up to ten years and hence, the petitioner having already detained in custody for more than two and half years may kindly be admitted to bail.

On the other hand, Mr.P.Satapathy, learned Addl. PP. by placing the materials on record prays to reject the bail application of the petitioner.

After having considered the rival submissions upon perusal of record, it appears that FIR has been registered against the petitioner for offence U/Ss. 341/323/307 of IPC, but fact remains that the deceased died after certain days of the occurrence and that too, while undergoing treatment at hospital in Raipur. Besides, the PM report of the deceased reveals his cause of death to be due to cardio respiratory failure as a result of injury described and their complication, but the injury report of the deceased reveals that he had sustained two abrasion and one bruise. The petitioner is in custody since 19.02.2024, but in the meantime 07 witnesses including the material witnesses have already been examined. In that view of the matter, this Court without expressing any view on merits, admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/-(Rupees Twenty-Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.