In an application under Section 439 Cr.P.C. for bail in IPC 302/201 case, the High Court granted bail after finding no direct material for complicity despite the last seen theory, considering the long-pending nature and lack of absconding risk.
Released on bail bond of Rs. 50,000 with two solvent sureties each for Rs. 50,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.4146 of 2017
03.08.2017
Heard learned counsel for the petitioner and the learned Additional Standing Counsel f
or the State on the application under section 439 Cr.P.C. for release of the petitioner on bai
l who allegedly involved for the offence under Sections 302/201 of IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implic
ated in this case because there is no direct material against the petitioner and there was str
ain relationship between the informant, who is the wife of the petitioner, and the petitioner.
He further submits that the case is of 2006 but the petitioner has been apprehended on 06.02.
2017 and in the meantime he has got second child born through the informant. He further submit
s that the charge has already framed after submission of charge sheet in the meantime, for whi
ch lenient view may be taken to release the petitioner on bail on any condition as deemed just
and proper. Learned Additional Standing Counsel opposes the prayer for bail stating that ther
e is last seen theory only available in this case against the petitioner.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the post mortem report showing natur
e of the death is asphyxia and there being no direct material to show his complicity with the
commission of offence except suspicion which cannot substitute the legal proof, fact that the
case is of 2006, fact that charge sheet in this case has been filed and the fact that the pe
titioner being a local person, there is no chance of his absconding or influencing the witness
es, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fif
ty thousand) with two solvent sureties each for the like amount to the satisfaction of the lea
rned Sessions Judge, Puri in S.T. Case No.27 of 2017 with the conditions that (i) The petition
er shall appear before the court in seisin over the matter on each date of
posting; (ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (
iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
2
2 issues framed by the court
Whether the petitioner should be released on bail in a case under Sections 302/201 IPC where there is no direct material against him.
Whether the last seen theory alone suffices to deny bail in a grave offence.
3 provisions across 2 enactments
the petitioner
the State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court