Partly allowed

Motiram Majhi v. State of Orissa

Orissa HC20 Apr 2016BLAPL/435/2016

Case brief

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What is this about?

This single judge judgment addressed a bail petition filed by accused persons involved in a criminal case under Sections 302/34 of the IPC. The court distinguished between the petitions of the applicants, allowing bail for some while rejecting it for others based on specific circumstances and allegations of prior dispute.

What did the court decide?

Petitioner nos.2 and 3 granted bail on bond of Rs.20,000/- each; bail application of petitioner no.1 rejected.

The petitioners are accused in C.T. Case No.473 of 2015 on the file of learned J.M.F.C., Khariar, corresponding to S.T. Case No.235 of 2015 on the file of l earned Sessions Judge, Nuapada charge sheeted under Sections 302/34, I.P.C.

It is submitted on behalf of the petitioners that the petition er nos.1 and 3 are father and son and petitioner no.2 is the brother of petitioner no.1. It ha s been alleged by the informant that his father was missing since 18.10.2015 and on 05.11.2015 getting some information they went inside the forest area and found the dead body of his fath er. Thereafter a report was lodged before the Police suspecting that the petitioners were invo lved in the alleged occurrence, since there were some disputes between the two families. It is further submitted that the petitioners have been implicated without any material evidence aga inst them and the prosecution relied upon the confessional statement of the accused petitioner no.1, namely, Motiram Majhi who has stated that due to some earlier dispute relating to the m isbehavior of the deceased with the daughter of petitioner no.1, on the alleged date of occurr ence when the deceased came and created some nuisance in front of the house of the petitioners , the petitioner no.1 assaulted him by means of a stick on his head as a result of which he fe ll down and died. He further stated that he along with the other two petitioners threw the dea d body in the forest area. As per the post-mortem report the deceased had one fracture injury on his head which was the probable cause of death. The petitioners are in custody since 06.11. 2015 and the charge sheet in this case has already been submitted in the meantime.

Considering the submissions and the circumstances, it is directed that the petitioner nos.2 and 3 be released on bail by executing bond of Rs.20,000 /- (rupees twenty thousand) each with two sureties for the like amount to the satisfaction of the learned Sessions Judge, Nuapada in S.T. Case No.235 of 2015. So far as the bail applicatio n of petitioner no.1 is concerned, the same stands rejected.

Motiram Majhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Motiram Majhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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