Single judge allowed bail under Cr.P.C. 439 to a petitioner charged under Section 302 IPC. Trial began; accused in custody since early 2016; no direct evidence; circumstantial evidence alone held insufficient for continued detention.
Petitioner released on bail subject to furnishing a bond of Rs. 20,000 with two sureties for the like amount.
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BLAPL NO. 2894 of 2017
02. 06.06.2017 Heard learned counsel for the petitioner and the learn
ed counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R.Case N
o. 286 of 2016 arising out of Kisinda P.S. Case No.34 of 2016 pending in the Court of learned
S.D.J.M., Rairakhole for offences punishable under Section 302 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Addl. Sessions
Judge-Cum-Special Judge (Vig.), Sambalpur which was rejected on 21.03.2017.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 23.07.2016 and submits that there is no direct evidence against the petitioner. He furthe
r submits that the case is based on circumstantial evidence and circumstantial evidence are no
t clinching therefore, the bail application may be favourably considered.
Learned counsel for the State submits that apart from the last seen of the dec
eased in the company of the petitioner at the instance of the petitioner a cloth was recovered
Considering the submissions made by the learned counsel for the respective par
ties, the nature of accusation against the petitioner and absence of any direct evidence again
st the petitioner as well as the period of detention of the petitioner in judicial custody, I
am of the opinion that it is a fit case for grant of bail to the petitioner.
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 conditions as the learned Court may deem just and prope
r.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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1 issue framed by the court
Whether the applicant is entitled to bail in the undertrial stage given the absence of direct evidence and the nature of the accusation.
1 provisions across 1 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court