The court granted bail to the petitioner charged under Sections 302, 120-B, 201 IPC and Section 27 Arms Act, drawing comparisons to other co-accused.
Released on bail with bond of Rs.50,000 and two sureties on conditions to appear, not tamper with witnesses, and commit no offence.
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.1896 of 2016
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other bail records along with the statement of the witnesses recorded during investigation and also during trial giving a picture that the present petitioner is in the similar footing of other co-accused persons who are already released on bail by this Court, fact that the petitioner is in custody from 9.1.2015 and only 27 witnesses have already been examined out of 54 witnesses, and it is not known when the trial will be over, fact that there is no specific role played by the petitioner except the identification in the T.I. parade, fact that the petitioner is having four other criminal antecedent, but not serious offense as submitted by the learned Additional Standing Counsel, fact that the petitioner being a local person there is no chance of his absconding or influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned 1st Additional District & Sessions Judge, Berhampur in S.T. Case No.106 of 2015 with the conditions that (i) The petitioner shall appear before the I.O. as and when required for the purpose of further investigation, if any; (ii) he 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.
8. Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
jm
Dr.D.P.Choudhury, J.
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2 issues framed by the court
Whether to grant bail to the petitioner charged under Sections 302 IPC and 27 Arms Act considering co-accused parity.
Whether stringent bail conditions are necessary given the petitioner's criminal antecedents.
5 provisions across 2 enactments
Petitioner
State
Informant
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
