Single judge order granting bail to a petitioner in judicial custody accused of offences under IPC sections 363, 364-A, 307 and Arms Act. The court considered the limited role and the release of a co-accused on bail.
Petitioner released on bail furnishing a bond of Rs. 20,000 with two local sureties.
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BLAPL No. 206 of 2019
04. 20.06.2019
Heard Mr. H.M. Dhal, learned counsel for the petitioner, Mr. P. Pattnaik, learned Addl. Govt. Advocate for the State and learned counsel appearing for the informant.
This is an application under section 439 of Cr.P.C. in connection with Nabarangpur P.S. Case No.221 of 2018 corresponding to G.R. Case No.758 of 2018 pending in the Court of learned S.D.J.M., Nabarangpur for alleged commission of offences under sections 363, 364-A, 343, 307, 120-B of the Indian Penal Code and sections 25 and 27 of the Arms Act.
The petitioner moved his application for bail before the learned Sessions Judge, Nabarangpur, which was rejected on 03.01.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 03.12.2018 and in the meantime charge-sheet has already been submitted under sections 363, 364-A, 343, 307, 120-B of the Indian Penal Code and sections 25 and 27 of the Arms Act . It is further contended that limited role has been attributed against the petitioner and the co-accused Uma Shankar Joshi @ Sibu in the commission of the offence that they intimated the coaccused persons about the movement of the victim Sadasiv Sahoo. He further submitted that the co-accused Uma Shankar Joshi @ Sibu has already been released on bail by this Court in BLAPL No.1186 of 2019 vide order dated 15.05.2019 and the petitioner has not been put to test identification parade and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and on verification of the case records as well as bail order of the coaccused Uma Shankar Joshi @ Sibu, fairly submitted that the petitioner is similarly situated like that of the co-accused.
Learned counsel for the informant vehemently opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, the role attributed to the petitioner, release of the co-accused on bail and the period of detention of the petitioner in judicial custody, 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 local sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter and 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.
…………………..…… S.K.Sahoo,J.
PKSahoo
2 issues framed by the court
Whether the petitioner in judicial custody should be released on bail given the limited role attributed and the release of a co-accused.
Whether the conditions and amount for the bail bond are appropriate.
3 provisions across 3 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
