KALIA @ SUSANTA KUMAR TAREI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Learned Counsel for the Petitioner and Learned Addl. Standing Counsel for the State on the petition Under Section 439 of Cr.P.C.

(2.) THE Petitioner is said to have committed offence under Sections 302/34 of I.P.C. in G.R. Case No. 338 of 2008 pending before the court of the Learned J.M.F.C., Pattamundai on the allegation that he assaulted the deceased with a Silapua, causing his death. Learned Counsel for the Petitioner submits that as found from the F.I.R. three other persons assaulted the deceased with crow bar sped etc. causing his death. The informant is the brother of the deceased himself. In his statement under Section 161 of Cr.P.C., he also stated that three other persons assaulted the deceased with crow bar and sped leading to his death. However, two of the witnesses one of whom did not know the Petitioner earlier stated that the Petitioner confessed before them to have murdered the deceased. Basing upon the statement of those witnesses charge sheet has been submitted under Section 302 of I.P.C. against the Petitioner alone. Learned Counsel for the Petitioner submits that because of political rivalry, the case has been foisted falsely against the Petitioner.

(3.) LET the Petitioner be released on bail of Rs. 20,000 (twenty thousand) with 2 sureties solvent for the like amount to the satisfaction of the Learned J.M.F.C., Pattamundai in the aforesaid case.