Petitioner applied for bail in a murder case where chargesheet was submitted. Court considered lack of eye witnesses, last seen theory, co-accused bail, and detention period. Granted bail on furnishing bond and sureties.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties for each like amount.
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BLAPL No.7266 of 2015
05.04.2016
Heard the learned counsel for the petitioner and learned counsel for the State
This is an application under Section 439 Cr.P.C. in connection with C.T. Case
No.112 of 2015, arising out of Padmapur P.S. Case No.42 of 2015 pending in the Court of learne
d Additional Sessions Judge, Gunupur for offence punishable under section 302/34 of Indian Pe
nal Code.
The petitioner moved an application for bail before the learned Additional Ses
sions Judge, Gunupur which was rejected on 16.12.2015.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 13.07.2015 and in the meantime after completion of investigation, chargesheet has been su
bmitted under section 302/34 of Indian Penal Code. It is the further contention of the learned
counsel for the petitioner that there are no eye witnesses to the occurrence and the case is
based on last seen theory and therefore taking into consideration the period of detention of t
he petitioner in judicial custody, the bail application may be favourably considered. It is th
e further contention of the learned counsel for the petitioner that one of the co-accused name
ly, Ram Das Ghanta @ Chhota @ Budu has been released on bail by this Court in BLAPL No.5125 of
2015 vide order dated 24.11.2015. In support of such contentions, the learned counsel for th
e petitioner files copy of the bail order which is taken on record.
Learned counsel for the State has produced the case diary and placed the post-
mortem report which indicates that the cause of death of the deceased was on account of subdur
al
hemorrhage by hard and blunt weapon. Learned counsel for the State further placed the statemen
t of Hadu Sabar who has seen the petitioner and the deceased taking liquor one day. The learne
d counsel for the State further submits that on the very next day, the dead body was found.
Considering the submissions made by the learned counsels for the respective pa
rties, the nature of accusations against the petitioner, absence of any direct evidence agains
t the petitioner, nature of circumstantial evidence available on record and taking into accoun
t the release of the co-accused on bail as well as period of detention of the petitioner in ju
dicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bai
l bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like am
ount to the satisfaction of the Court in seisin over the matter with further terms and conditi
ons as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S. K. Sahoo, J.
3
1 issue framed by the court
Whether the petitioner should be released on bail in a case of murder pending investigation under Section 439 Cr.P.C.
2 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
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