The court granted bail to Petitioner No.2, Sania @ Sanyasi Sahu, in a murder case but refused bail for Petitioner No.1, Shyamaghana Sahu, who dealt the fatal blow to the deceased.
Petitioner No.2 released on bail; Bail for Petitioner No.1 refused.
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. 6444 of 2015
03.12.2015 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel for the State.
The petitioners are implicated in the offence punishable under Section
s 302, 34, IPC and other allied offences.
Both the petitioners are brothers. They had some disputes relating to some hom
estead with their uncle- Dinabandhu Sahu (deceased). No eye-witness have seen the assault but
they have seen the occurrence just prior to the assault and just after the assault.
Confessional statement of Petitioner-no.2-Sania @ Sanyasi Sahu has been record
ed by the police. In the said confessional statement Sania @ Sanyasi Sahu-Petitioner-no.2 had
stated that he and his brother-Shyamaghana Sahu had come to the house of Dinabandhu Sahu (dece
ased) demanding a settlement in the civil dispute. At that time Dinabandhu Sahu (deceased) was
not present in the house. Just after some time they saw Dinabandhu Sahu (deceased) coming in
a bicycle towards his house. They went to him and demanded about settlement of the issue. Bein
g enraged, Dinabandhu Sahu chased them by holding a Tangia kept with him. Both the petitioners
grounded Dinabandhu Sahu and Shyamaghana Sahu snatched the Tangia from the hand of Dinabandh
u Sahu and dealt fatal blows on the head of deceased Dinabandhu.
From the aforesaid confessional statement of Sania @ Sanyasi Sahu, it is found
that Sania @ Sanyasi Sahu has not dealt the fatal blow.
The case is stated to have been committed to the Court of Sessions in the mean
time.
Considered the materials placed by the learned counsels for the parties.
Taking into consideration the facts and submissions, sequence of event
s and factum of permanent residence of petitioner no.2- Sania @ Sanyasi Sahu, it is directed t
hat petitioner no.2- Sania @ Sanyasi Sahu shall be released on bail by the learned Additional
Sessions Judge, Nayagarh in S.T. Case No. 201 of 2014 on such terms and conditions as deemed j
ust and proper.
So far as Shyamaghana Sahu-Petitioner No.1 is concerned, he having given the f
atal blow on the head of the deceased, I am not inclined to release him on bail.
The Bail Application is accordingly allowed in part.
Urgent certified copy of this order be granted as per rules.
.
Balaram C.R. Dash, J.
2 issues framed by the court
Whether petitioner No.2 should be released on bail given his lack of dealing the fatal blow.
Whether petitioner No.1 who dealt the fatal blow should be released on bail.
Sania @ Sanyasi Sahu
Shyamaghana Sahu
Balaram C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court