This is a bail application filed by a petitioner in custody for a murder case arising from a land dispute. The court is satisfied that detention is no longer necessary as investigation is complete and there is no flight risk.
Petitioner released on bail with conditions to not terrorise or threaten prosecution witnesses.
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BLAPL No.7010 of 2016
04. 05.12.2016 Petitioner having been in custody in S.T. Case
No.225 of 2015 arising out of G.R. Case No.292 of 2015 corresponding to Polasara P.S. Case No
.113 of 2015 pending in the Court of the learned J.M.F.C., Kodala registered for alleged comm
ission of offence punishable under sections 302/506/34, I.P.C. has filed this application for
his release on bail.
Learned counsel for the petitioner submits that the parties are having civil d
ispute and as per the prosecution allegation so far as the assault at the first instance on th
e head of the deceased is concerned, the allegation is directed against accused-Ranjan and the
role of this petitioner has been assigned thereafter. It is further submitted that the death
in the case is because of the head injury. He also submits that the petitioner has by now rem
ained in custody for more than one year and when the investigation is already complete and the
re is no material to suggest any scope for the petitioner to flee from justice, he urges for r
elease of the petitioner on bail.
Learned counsel for the State opposes the move. According to him, both accused
Ranjan and this petitioner are similarly situated.
Considering the submissions and viewing the fact that the incident had arisen
from a land dispute when the parties hail from rural background as also the role of this petit
ioner attributed after the initial assault by accused Ranjan, further taking into account the
period of detention in custody, in the absence of any material to suggest that the petitioner
is likely to flee from justice, when the case has already been committed to the court of Sessi
on, I do not think it to be a fit case for detention of the petitioner till conclusion of tria
l and that is so warranted. Therefore, it is directed that the petitioner be released on bail
in the aforesaid case with such terms and conditions as deemed just and proper by the court in
seisin of the case with further condition that he will not terrorise or threaten the prosecut
ion witnesses.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
H
1 issue framed by the court
Whether the petitioner is entitled to bail in a murder allegation case after being in custody for over a year.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court