IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1543 of 2021

Gulia @ Parameswar @

Kailash Lenka

….

Petitioner

Mr.A.K. Das (1), Advocate

-versus-

State of Odisha

….

Opp. Party

Mr.A. Pradhan,

Addl.Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

24.08.2021

03.

This

matter

is

taken

up

through

Hybrid

arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioner and

learned counsel for the State.

Learned counsel for the petitioner submitted

that the case has been committed to the Court of

Session and it is now pending in the Court of learned

Sessions Judge, Balasore in S.T. Case No. 74 of

2021.

This is an application for bail under section 439

of Cr.P.C. in connection with Chandipur P.S. Case

No.86 of 2021 corresponding to S.T. Case No. 74 of

2021 pending in the Court of learned Sessions Judge,

Balasore for alleged commission of offences under

// 2 //

Page 2 of 3

sections 341, 342, 323, 354, 302 and 506 of the

Indian Penal Code.

The prayer for bail of the petitioner was rejected

by the learned Addl. Sessions Judge (L.R. & L.T.V.),

Balasore vide order dated 09.02.2021.

Learned counsel for the petitioner submitted

that the petitioner is in judicial custody since

28.01.2021 and the occurrence in question took

place on 18.11.2018. Learned counsel further stated

that

the

petitioner

assaulted

the

deceased

Ramakanta Patra by means of a wooden plank and

the deceased died on 21.11.2018 whereafter the

F.I.R. was lodged on 22.11.2018. It is further stated

that

the

eye

witnesses

have

given

different

statements relating to the occurrence and therefore,

the bail application of the petitioner may be

favourably considered.

Learned counsel for the State, on the other

hand, placed the statement of Brundabati Patra, the

widow of the deceased, who accompanied the

deceased along with their children at the time of

occurrence. It is stated that the petitioner attacked

the deceased by means of a wooden plank, which

caused injury on his head. The said witness further

stated that while they were preparing to shift the

deceased to the hospital, the petitioner obstructed

them by abusing in filthy language and threatened

with dire consequences by holding a cycle chain.

// 3 //

Page 3 of 3

Learned counsel for the State also placed the post

mortem examination report, which indicates that the

deceased had sustained injuries on the head and the

cause of death has been opined to be on account of

coma as a result of subdural haemorrhage of brain

sustained due to hard and blunt force trauma/

impact.

Considering the submissions made by the

learned counsel for the respective parties, the nature

and gravity of accusation against the petitioner, the

manner in which the occurrence has taken place as

per the statement of the eye witness Brundabati

Patra, the post mortem report findings and the fact

that the petitioner was an absconder for three years,

while not inclining to release the petitioner on bail, I

direct the learned trial Court to expedite the framing

of charge and take steps for examination of the eye

witnesses at the first instance. The petitioner is at

liberty to renew his prayer for bail after examination

of the eye witnesses in the trial Court.

The BLAPL is accordingly disposed of.

The order be communicated to the learned trial

Court forthwith.

( S.K. Sahoo)

Judge

PKSahoo