- (1.)This is a petition for bail under S. 439(1) of the Criminal P.C. by one of the accused in S.T. No. 168 of 1986 under Ss.147, 148, 337, 323, 379 and 302 read with S. 149 I.P.C. in the court of the learned Sessions Judge, Puri.
(2.)The prosecution case against the petitioner in brief is that on 11-10-1985 at about 10 a.m, all the accused persons being armed with deadly weapons such as Lathis and Tentas surrounded deceased Nakula when the petitioner, who was armed with a Tenta (Tenta is a spear with more than one sharp blade meant for stabbing) assaulted the deceased by means of it, as a result, one of the blades pierced into the left side of the chest which resulted in his death.
(3.)The accused persons (eleven in number) moved for bail before the learned Sub-Divisional Judicial Magistrate, Khurda, who refused to release them on bail. The accused persons moved for bail before the learned Sessions Judge, Puri, who by separate orders released all the accused persons except the petitioner on bail. Later, the petitioner again moved the learned Sessions Judge for bail on the ground that in the absence of valid orders of remand his detention was illegal. The learned Sessions Judge placed reliance on a decision of this Court reported in (1985) 60 Cut LT 228, D. Bhaskar Rao v. State of Orissa and having found that the detention of the petitioner was illegal because of absence of valid orders of remand, directed his release on bail by order dt. 25-4-1986.