Single judge allowed bail to petitioner charged with murder (IPC 302). Bail granted consideration trial progress, circumstantial evidence, and detention period despite dying declarations.
Petitioner released on bail upon furnishing bond of Rs.20,000 with two solvent sureties.
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BLAPL No. 1634 of 2019
This is an application under section 439 Cr.P.C. in connection with Khandagiri P.S. Case No.06 of 2016 corresponding to C.T. Case No. 16/165 of 2016 pending in the file of learned 2nd Addl.Sessions Judge, Bhubaneswar for alleged commission of offence under section 302 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned 2nd Addl.Sessions Judge, Bhubaneswar vide order dated 15.01.2019.
Learned counsel for the petitioner submitted that the petitioner is the wife of the deceased Kheppa Singh and she is in custody since 06.01.2016 and charge-sheeted under section 302 of the Indian Penal Code. He further submitted that the case is based on circumstantial evidence and in the meantime, the trial has substantially progressed and out of 24 chargesheeted witnesses, 22 witnesses have already been examined and there is no chance of his absconding and therefore, the bail application may be favourably considered.
Learned counsel for the State has placed the statements of Kiran Bindhani (P.W.3) and Jayanti Mohanta (P.W.4), who have stated about the dying declaration of the deceased.
Considering the submission made by the learned counsel for the respective parties, nature of accusation against the petitioner, progress of trial, period of detention in judicial custody and keeping in view the proviso to section 437(1) of the Code of Criminal Procedure, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
PKSahoo
…………………..…… S.K.Sahoo,J.
1 issue framed by the court
Whether the petitioner, charged with murder under prosecution, is entitled to bail considering the progress of trial and nature of charges.
3 provisions across 2 enactments
[Petitioner Name Not Stated]
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
