Allowed

Tapeswar Patel v. State of Odisha

Orissa HC25 Mar 2019BLAPL/1682/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a G.R. case involving alleged offences under sections 147, 148, 302, and 149 of the IPC. Considering the petitioner's detention and the witnesses' accounts, the court ordered his release on a bond with sureties.

What did the court decide?

The petitioner was ordered to be released on bail by furnishing a bail bond of Rs. 20,000 with two solvent sureties each for the same amount.

Tapeswar Patel Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

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BLAPL No. 1682 of 2019

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25.03.2019

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Heard learned counsel for the petitioner and the learned counsel for the State.

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This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.1942 of 2018 arising out of Sambalpur Town P.S. Case No.229 of 2018 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offences punishable under sections 147/148/ 302/149 of the Indian Penal Code.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.06.2018 and charge sheet has been submitted under sections 147/148/ 302/149 of the Indian Penal Code. He further submitted that the occurrence in question took place on 17.06.2018 and as per the statement of the eye witness Birat Kumbhar, at the first instance the petitioner gave a slap to the deceased Prem Debagan and thereafter, some other coaccused persons gave fist and kick blows to him and finally co-accused Rosan dealt repeated knife blows on the head and abdomen of the deceased as a result of which he succumbed to the injuries. It is further submitted that the co-accused Om Prakash Pradhan @ Babulu has already been released on bail by this Court in BLAPL No.5359 of 2018 and therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application may be favourably considered.

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Learned counsel for the State has produced the case diary and placed the statement of the eye witness and fairly submits that main allegation is against co-accused Rosan.

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skb

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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, role attributed against the petitioner by the eye witnesses and release of the co-accused on bail as well as taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Tapeswar Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tapeswar Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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