In a bail application filed by an accused in a murder case, the High Court directed the lower court to release the petitioner on bail under specified terms.
Directed the Additional Sessions Judge to release the petitioner on bail on such terms and conditions as deemed proper by the said court.
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BLAPL No.6960 of 2015
08. 29.11.2016 Heard learned counsel for the petitioner and learned counsel for the S
tate.
The petitioner is an accused in G.R. Case No.334 of 2015 on th
e file of learned S.D.J.M., Rairangpur corresponding to S.T. Case No.01 of 2016 on the file of
learned Addl. Sessions Judge, Rairangpur charge sheeted under Sections 302/201/34 I.P.C.
It is alleged that the present petitioner along with his elder
brother one Bhudu Mahali suspecting that the victim one Kasirai Murmu was practicing witch cr
aft for which 4 to 5 persons of their family had died, they hatched a plan and the present pet
itioner along with his elder brother went on a motorcycle and took the victim to a field. Ther
e they gave him liquor and mutton and thereafter the elder brother of the present petitioner n
amely Bhudu Mahali assaulted the victim by means of a sharp cutting weapon as a result of whic
h the victim died.
It is submitted on behalf of the petitioner that the present
petitioner was present at the spot but the entire allegation of assault is against his elder b
rother. The statement of both the accused persons given before the Police while leading to rec
overy of the alleged weapon of offences, one Bhutia, are placed before the Court. The other co
-accused Bhudu Mahali has stated that he assaulted the victim by means of a sharp cutting weap
on and the present petitioner was present with him.
Learned counsel for the State submits that both the brothers h
ad planned to commit the murder of the victim.
It is further submitted by learned counsel for the petitioner
that charge sheet in this case has already been submitted and the petitioner is in custody sin
ce 23.07.2015.
Considering the submissions and the circumstances, it
is directed that let the petitioner be released on bail by the learned Addl. Sessions Judge, R
airangpur in S.T. Case No.01 of 2016 on such terms and conditions as would be deemed proper by
the said court.
The BLAPL is accordingly disposed of.
J.P. Das, J.
kcb
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where he is an accused.
The Petitioner
The State
J.P. Das
As recorded by the court registry
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