Allowed

Laba Kishan v. State of Orissa

Orissa HC2 Dec 2016BLAPL/2986/2016

Case brief

AI extract

What is this about?

This application sought bail under Section 439 Cr.P.C. for an offence under Section 302 IPC. After verifying that prosecution witnesses had not supported the prosecution case following their examination, the court reconsidered the earlier rejection and granted bail.

What did the court decide?

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

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i n connection with Sundargrh Sadar P.S.Case No. 22 of 2015 corresponding to S.T. Case No. 110/1 8 of 2015 pending in the Court of learned Addl. Sessions Judge, Sundargarh for offence punisha ble under section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the bail application of the peti tioner was rejected in BLAPL No. 7206 of 2015 vide order dated 29.01.2016, relying on statemen ts of the informant Palmati Oram and two eye witnesses to the occurrence namely Ganesh Oram an d Lalit Oram.

Learned counsel for the petitioner further contended that in the meantime, all those thr ee witnesses have been examined and none of them have whispered anything against the petitione r. He further contended that all total 19 witnesses have been examined by the prosecution till date and there is no clinching materials available on record as on date against the petitione r and therefore, in view of the detention of the petitioner in judicial custody since 07.02.20 15, the bail application may be reconsidered. Learned counsel for the petitioner files the ce rtified copy of the relevant witnesses which are taken on record.

Considering the submissions made by the learned counsels for the respective parties and the fact that the relevant witnesses have not supported the prosecution case, taking into ac count the period of detention of the petitioner in judicial custody, I am inclined to reconsi der the prayer for bail and allow him to be released on bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-( Rupees tw enty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the case with further terms and conditions as the learned Court may deem just and proper.

Laba Kishan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Laba Kishan 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

Coram

Case details

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