This judgment grants bail to a petitioner charged with murder and culpable homicide under Sections 302/34 IPC. The Single Judge, weighing the delay in death and prosecution delay, allowed the bail application.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two solvent sureties.
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. 2411 of 2016
02.08.2016 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 G.R. No. 1838 of 2
015 arising out of Brajrajnagar P.S. Case No. 316 of 2015 pending in the Court of learned S.D.
J.M., Jharsuguda for alleged commission of offences punishable under sections 302/34 of the In
dian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judg
e in charge, Jharsuguda which was rejected on 19.03.2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 21.
02.2016 and in the meantime, after completion of investigation, charge sheet has been submitte
d under sections 302/34 of the Indian Penal Code. It is the further contention of the learned
counsel for the petitioner that the occurrence in question took place on 21.10.2015 and it is
the prosecution case that during course of quarrel, the petitioner gave a push to the deceased
who fell down and sustained some injury on head and died after three days. It is the further
contention of the learned counsel for the petitioner that in view of the materials available o
n record, the ingredients of offence under section 302 of the Indian Penal Code are not attrac
ted and therefore, taking into account the period of detention of the petitioner in judicial c
ustody, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case
diary and placed the statement of eye witness Jitendra Kumar Nisad, who is an auto driver and
also placed the post mortem report which indicates that the cause of death was on account of c
ranio cerebral injury.
Considering the submissions of learned counsels for the respective parties, the nature
of accusation against the petitioner, statement of the eye witness and time gap between the d
ate of occurrence and date of death as well as taking into account the period of detention 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 bond o
f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to
the satisfaction of the Court in seisin over the matter with further terms and conditions as t
he learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
3
2 issues framed by the court
Whether the petitioner should be released on bail in cases under Section 302 IPC.
Whether the period of detention and nature of offence justify granting bail.
2 provisions across 2 enactments
The Petitioner
The State
Unidentified Single Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court