LAWS(ORI)-1993-5-22

PRASANTA MOHAPATRA Vs. STATE OF ORISSA

Decided On May 12, 1993
PRASANTA MOHAPATRA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Heard Sri A.K. Acharya for the petitioner and learned Additional Standing Counsel for the opposite party.

(2.) The main thrust of the arguments of Sri Acharya is that there is no material to show that the petitioner had assaulted the deceased. The materials only indicate that he was present, along with others at the spot when the occurrence took place. It is the further submission of Sri Acharya that on similar allegations the co-accused Dipak Samantray has been released on bail by this Court by order dated 19-11-1992 in Criminal Misc. Case No. 1970 of 1992.

(3.) Learned Additional Standing Counsel on scrutiny of the case diary fairly concedes that there is no material excepting some statements of co-accused persons implicating the petitioner in the assault on the deceased. He, however, submits that there are materials to show that this petitioner along with Dipak Samntray (since released on bail) had taken the blood stained wearing apparel of the deceased to the Dhobi.