LAWS(ORI)-1988-3-18

STATE Vs. GADADHAR BARAL

Decided On March 24, 1988
STATE Appellant
V/S
GADADHAR BARAL Respondents

JUDGEMENT

(1.) ORDER :- Notice was issued to opposite party to show cause why the bail granted to him shall not be cancelled. Pursuant to the notice, the opposite party has, entered appearance.

(2.) Opposite party along with others has been implicated in the offences under Ss.307/326, I.P.C. on the allegation that on 24-8-1987 at about 7 a.m. the injured Chandra Sekhar Baral was going to attend the call of nature when the accused persons being armed with deadly weapons like farsa, sword and knife suddenly came out from the bush and attacked him with intention to cause his death. As a result of such attack, the left hand was to be amputed from the wrist and also there was fracture of his left leg. Besides, several incised wounds were caused on the body.

(3.) Accused persons moved for bail which was rejected by the learned Sessions Judge. This Court was moved and by order dated 4-12-1987 bail application so far as the opposite party was concerned was rejected by L. Rath, J. Opposite party thereafter once again applied for bail before the learned Sessions Judge which was rejected. Thereafter, he again filed an application for bail on 16-1-1988 on the ground of sickness along with a petition to call for a report from the doctor regarding his health condition. Learned Additional Sessions Judge called for a report from the doctor regarding the health condition of the opposite party, which was received in Court immediately. It reads as follows :