Application for bail under section 439 Cr.P.C. in a murder case was rejected as the petitioner was in custody for overt acts causing death. The court directed the trial court to expedite the trial and dispose of the case by end of August 2017.
Bail application rejected; direction to expedite trial to be disposed of by end of August 2017.
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.8399 of 2016
12.05.2017 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 302/34 of IPC corresponding to C.T.(S)
Case No.110 of 2015 pending in the Court of learned Sessions Judge, Angul.
Learned counsel for the petitioner submits that the petitioner is in custody since 20
15 and in the meantime charge sheet has been submitted for which the petitioner may be release
d on bail with any condition as deemed fit and proper. Learned Additional Standing Counsel for
the State opposes the prayer for bail stating that there is direct material against the prese
nt petitioner to show overt act of the present petitioner to cause death of the deceased.
Considered the submissions of learned counsels for both parties. After perusal of th
e material on record including the statement of the witnesses and the post mortem report, prim
a facie case against the petitioner cannot be ruled out. Considering the gravity of offence, t
he nature of allegation and the facts and circumstances of the case, I am loath to grant bail
to the petitioner.
Hence, the bail application of the petitioner being devoid of merit stands rejected fo
r the larger interest of the public and society.
At this juncture learned counsel for the petitioner submits that the trial of the case
may be expedited.
In view of the above submissions, it is directed that the Court in seisin over the mat
ter must make all endeavor to expedite the trial of the case on day
to day basis and dispose of the case by the end of August, 2017.
Registry is directed to inform the concerned Court.
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 granted bail in a murder charge filed under sections 302/34 IPC.
Whether the trial of the case should be expedited and disposed of by a specific date.
2 provisions across 2 enactments
Petitioner
State
Unknown
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court