The High Court granted bail to the accused facing murder charges after completion of investigation, noting the absence of direct evidence and the length of custodial detention.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties for the like amount.
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BLAPL No. 2683 of 2017
02.06.2017 Heard learned counsel for the petitioner and the learned counsel for the State.This is an application under Section 439 Cr.P.C. in connection with C.T. Case No.865 o f 2016 arising out of Simulia P.S. Case No.263 of 2016 pending in the Court of learned J.M.F.C., Soro for alleged commission of offence punishable under section 302 of the Indian Penal Cod
e.
The petitioner moved an application for bail before the Court of learned Special Judge
(Vigilance), Balasore which was rejected on 30.03.2017.
Learned counsel for the petitioner submits that the petitioner is in custody since 11.
11.2016 and in the meantime, after completion of investigation, charge sheet has been submitte
d under section 302 of the Indian Penal Code. He further submits that there is no direct evide
nce against the petitioner and the only material available on record is that on the previous d
ay of the occurrence, the petitioner was seen in the company of the deceased taking liquor and
the dead body of the deceased was found in the own house. He further submits that in view of
the nature of circumstantial evidence available on record and taking into account the period o
f detention of the petitioner in judicial custody, the bail application of the petitioner may
be favourably considered.
Learned counsel for the State has produced the case diary and opposes the prayer for bail.
Considering the submissions of learned counsels for the respective parties, the nature
of accusation against the
petitioner, absence of any direct evidence and the nature of circumstantial evidence available
on record as well as taking into account the period of detention of the petitioner in judicia
l custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond o
f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to
the satisfaction of the Court in seisin over the matter with further terms and conditions as t
he learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
3
2 issues framed by the court
Whether the petitioner shall be released on bail in the chargesheeted murder case after completion of investigation.
Whether the absence of direct evidence and period of detention justify bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court