Allowed

Bira Madkami v. State of Orissa

Orissa HC3 Jan 2017BLAPL/7675/2016

Case brief

AI extract

What is this about?

The court considered a bail application under Section 439 Cr.P.C. for petitioners accused under various IPC sections. Finding no direct material or specific allegations of murder and noting the petitioners are locals unlikely to abscond, the court granted bail pending the charge sheet submission.

What did the court decide?

Each petitioner released on bail in C.T. Case No.89 of 2016 by furnishing a bond of Rs.50,000/- each with two solvent sureties.

BLAPL No.7675 of 2016 03.01.2017 Heard learned counsel for the petitioners and the learned counsel for the State on the application under section 439 Cr. P.C. for release of the petitioners on bail who allegedly i nvolved for the offence under Sections 120-B/449/419/364/302 of IPC. Learned counsel for the petitioners submits that there is no specific allegations agai nst the present petitioners to have committed the murder of the deceased. He further submits that in the meantime, charge sheet has been submitted and the petitioners are local persons ha ving no chance of their absconding or tampering with the prosecution evidence, for which lenie nt view may be taken to release the petitioners on bail on any condition as deemed just and pr oper. Learned Addl. Learned Addl. Standing counsel opposes the prayer for bail.

Considering the submission of the learned counsel for the respective parties and r egard being had to the facts and circumstances of the case including the fact that there is no direct material against the present petitioners, fact that statement of the witnesses record ed under Sections 161 and 164 Cr.P.C. do not make out the specific role of the present petitio ners in committing murder of the deceased, fact that in the meantime charge-sheet has been sub mitted and the fact that the petitioners being local person, there is no chance of their absco nding or tampering with the prosecution evidence, let each of the petitioners be released on bail in connection with C.T. Case No.89 of 2016 arising out of Podia P.S. Case No.06 of 2016 pending in the court of learned Additional Sessions Judge, Malkanagiri on furnishing bail bo nd of Rs.50,000/- (rupees fifty thousand) each with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter w ith the conditions that (i) The petitioners

shall appear before the court in seisin over the matter on each date of posting; (ii) They sh all not influence the witnesses directly or indirectly and (iii) They will not commit any offe nce during the period

Bira Madkami v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bira Madkami v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chintamani Sahoo Vs State of Orissa

Muna Sahu Vs State of Orissa

Bablu@Bijay Kumar Singh Vs State of Orissa

Ananta Bhoi Vs State of Orissa

Basudev Nayak Vs State of Orissa

Akhila Rohi Das Vs State of Orissa