Allowed

Bijay Sindur v. State of Orissa

Orissa HC19 Apr 2016BLAPL/1801/2016

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. in a murder case was allowed by the Special Judge, Jharsuguda. The court emphasized the lack of direct evidence, the petitioner's conduct of seeking food for the deceased, and the period of detention as grounds for release.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties for the like amount.

19.4.2016 Heard learned counsel for the petitioner and the learned counsel for the State. This is an application under Section 439 Cr.P.C. in connection with S.T. Case No.7 of 2016 arising out of Orient P.S. Case No.98 of 2015 pending in the Court of learned Sessions Ju dge/Special Judge, Jharsuguda for offences punishable under Sections 302/201 of Indian Penal C ode.

Learned counsel for the petitioner submits that the petitioner is the son of the decea sed Ganesh Sindur and he is in custody since 9.9.2015 and in the meantime, after completion of investigation, charge sheet has been submitted against the petitioner under Sections 302/201 of Indian Penal Code. It is the contention of learned counsel for the petitioner that there ar e no eye witnesses to the occurrence and the case is based on circumstantial evidence. He furt her submits that there are no clinching circumstances available on record to indicate that it is the petitioner who has committed the crime rather on the fateful day, it appears that the p etitioner came to the house of the neighbor namely Sarojini Bisar and asked her to provide foo d to the deceased and accordingly one Kishore Bisar, who is the son of Sarojini Bisar provided food to the deceased. Learned counsel for the petitioner further submits that on the very ne xt day when the petitioner

came to know that his father was dead, he lodged a report before the Orient Police Station, on the basis of which Orient P.S. U.D. Case No.5 of 2015 was registered. During course of inquir y of the said U.D. case, it was found that it was a case of throttling and accordingly the A.S .I. of Police lodged a First Information Report on 9.9.2015 on his own information. Learned co unsel for the petitioner further submits that taking into account the nature of accusation and the period of detention of the petitioner in judicial custody, the bail application of the pe titioner may be favourably considered.

Learned counsel for the State produced the case diary and submits that even though the re are no eye witnesses to the occurrence but there are materials available on record to show that on the date of occurrence, the petitioner had came to the house of the deceased though th e petitioner and other family members were residing separately from the deceased at another pl ace due to quarrel with the deceased. He further placed the statement of one Julubai Sarathi.

Considering the submissions of learned counsels for the respective parties, the nature of accusations against the petitioner, absence of any direct or clinching circumstantial evid ence against the petitioner, the conduct of the petitioner in asking the neighbor to provide f ood to the deceased on the date of occurrence as well as taking into account the period of det ention of the petitioner in judicial

custody, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail b ond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like am ount to the satisfaction of the Court in seisin over the matter with further terms and conditi ons as the learned Court may deem just and proper.

Bijay Sindur v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bijay Sindur v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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