JUDGMENT

B. SUDERSHAN REDDY, J. — 1. Leave granted.

2.This appeal impugns the order dated 7th July, 2010 passed by the High Court of Orissa in Miscellaneous Case No. 891 of 2010 in Criminal Appeal No. 312 of 2010, whereby the High Court has granted bail to the respondent Manoj Kumar Pradhan, a sitting M.L.A., who has been convicted under Sections 147, 326 read with Section 149, IPC and sentenced to seven years rigorous imprisonment.

3.The appellant herein is the wife of the deceased who was killed and burnt during the Kandhamal riots in Orissa in the year 2008.

4.The trial Court found that at the time of occurrence, the present respondent along with others obstructed the deceased and his family members at Barepanga. Thereafter, the rioters arrived there being called by them. The trial Court observed:

“They became part of the unlawful assembly after the arrival of the rioters.

… At that time the members of the unlawful assembly were armed with deadly weapons like tangia (axe), knife etc. which, used as weapons of offence is likely to cause death. Some members of the unlawful assembly started assaulting the deceased brutally and mercilessly immediately arriving there. Thereafter, some mem