MADHAB KHARA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement (virtual/physical) mode.

(2.) This is the successive journey of this petitioner, who is in custody in connection with Nandapur P.S. Case No.55 of 2019 pending in the Court of the learned Additional Sessions Judge, Koraput for offence punishable under Sec. 302/34 of the IPC, in filing this application under Sec. 439, Cr.P.C. for his release on bail.

(3.) Learned Senior Counsel for the Petitioner submits that, this Petitioner being arrested in the case, is in custody since 12/9/2019. He, further submits that the case is based on circumstantial evidence and despite such long detention of the Petitioner in custody, the Trial has not made that much of progress, that its early conclusion can be expected. He further submits that the co-accused having been released on bail is enjoying the liberty and no report has come to the effect that he has misused the liberty. He also submits that the circumstances which are projected against this Petitioner in pointing the finger of guilt at this Petitioner are fragile. In view of the all these above, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise, he urges for reconsideration of the bail to the Petitioner.