Single judge refused bail to a murder accused who was convicted along with his brother. The court noted the petitioner was apprehended only after an N.W.B. warrant executed about five years post-occurrence, citing the severity of evidence and charges.
Bail application dismissed; petitioner remanded to custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL NO. 4527 OF 2015
03. 20.11.2015 Heard learned counsel for the petitioner and lear
ned Addl. Standing Counsel for the State.
The petitioner is implicated in the offence punishable under Section 302/34 IP
C and other allied offences.
From the materials on record and the eye witness account, it is found that, th
e present petitioner along with the brother is the aggressor and under their leadership, 8 to
10 persons of their village had come to the spot village on being alleged by his sister Draupa
di. In the transaction, the maternal uncle-in-law of Draupadi has died.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the nature of evidence against the petitioner and th
e seriousness of the charge, I am not inclined to exercise my discretion U/S. 439 Cr. P.C. in
favour of the petitioner, especially for the other reason that the petitioner was apprehended
on execution of N.B.W. after about five years of the occurrence.
The bail application is accordingly dismissed.
Subha C.R. Dash, J.
Subha
1 issue framed by the court
Whether the High Court should exercise discretion under Section 439 Cr.P.C. to grant bail in a murder case involving an aggravated confrontation.
1 provisions across 1 enactments
The petitioner
The State
Subha C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court