Allowed

Dhanu Majhi v. State of Orissa

Orissa HC3 Aug 2016BLAPL/2564/2016

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding a murder charge, the court considered the reliance on circumstantial evidence, the strength of the motive, and the period of custody. Considering the absence of direct evidence, the court released the petitioners on bail.

What did the court decide?

The petitioners granted bail on furnishing a bail bond of Rs. 20,000 each with two solvent sureties each for the like amount.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.288 of 2015 arising out of Rairangpur Rural P.S. Case No.31 of 2015 pending in the Court of learned Additional Sessions Judge, Rairangpur for offence punishable under section 302/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custod y since 04.03.2016 and charge sheet has already been submitted under section 302/34 of the Ind ian Penal Code and the case has been committed to the Court of Session and pending in the Cour t of learned Additional Sessions Judge, Rairangpur in S.T. Case No.20 of 2016. To that effect he files a memo which is taken on record. Learned counsel for the petitioners further submits that there are no eye witnesses to the occurrence and the case is based on circumstantial evid ence and the circumstances are that there was previous dispute between the petitioners and the deceased who was the informer of the Excise Officials of Rairangpur and at his instance, the illegal liquor trade activities of the petitioners were detected and some cases were institute d. Learned counsel for the petitioners further submits that at the instance of one co-

accused Narayan Beshra on 04.03.2016, some weapons as well as blood stained wearing apparels w ere seized and the said co-accused implicated the petitioners in his statement before police. Learned counsel for the petitioners further submits that in view of the available materials on record, it cannot be said that the circumstantial evidence is so clinching that it forms a co mplete chain so as to come to an irresistible conclusion that it is the petitioners who have c ommitted the crime and therefore, taking into account the period of detention of the petitione rs in judicial custody, the bail application may be favourably considered.

Learned counsel for the State on the other hand submitted that number of cases were instituted against the petitioners since 2012 by the excise officials in which the decea sed was the informer. The learned counsel for the State also placed the statement of co-accuse d Narayan Beshra as well as the seizure list dated 04.03.2016 which reveals that at the instan ce of the said co-accused, some weapons as well as blood stained wearing apparels were seized. Learned counsel for the State further contended that there was strong motive on the part of the petitioners to commit the crime.

Considering the submissions made by the learned counsels for the respective pa rties, nature of accusation against the petitioners, absence of any direct evidence in the cas e, nature of circumstantial evidence available on record and taking into account the fact that nothing has been recovered at the instance of the

Let the petitioners be released on bail in the aforesaid case on furnishing ba il bond of Rs.20,000.00 (rupees twenty thousand) each with two solvent sureties each for the l ike amount to the satisfaction of the Court in seisin over the matter with further terms and c onditions as the learned Court may deem just and proper.

Dhanu Majhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dhanu Majhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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