DHANESWAR MUNDARI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second application of the petitioners to this Court under Sec. 439 of Cr.P.C. praying for bail in connection with C.T.(S) Case No.09 of 2021 arising out of Pallahara P.S. Case No.246 of 2020, pending in the Court of learned Addl. Sessions Judge, Talcher for commission of offences under Ss. 302/201/34 of IPC.

(2.) Although in the certificate it has been stated that the petitioners had filed BLAPL No.2763 of 2021, but from the note of the Registry and perusal of the order passed in BLAPL No.5279 of 2021, it is apparent that petitioner No.2-Jiban @ Jatin Mundari @ Sukram Soy had filed BLAPL No.5279 of 2021 which has been withdrawn by order dtd. 22/6/2022 with liberty to move this Court afresh at a later stage.

(3.) Mr.Chiranjib Rout, learned counsel for the petitioners submits that the petitioners are in custody since 14/12/2020 and trial is still pending against them and out of 19 witnesses, nine witnesses have been examined which includes two sons of the deceased and his wife and they have not implicated the petitioners.