Single judge granted bail to the petitioner, who is also the informant and victim's son, in an murder investigation case, despite lack of direct evidence and pending investigation.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two solvent sureties for like amount.
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BLAPL No. 3343 of 2019
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.442 of 2017 arising out of Mahakalapada P.S. Case No.62 of 2017 pending in the Court of learned S.D.J.M., Kendrapara for offence punishable under section 302 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Sessions Judge, Kendrapara which was rejected on 04.04.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.03.2019 and he is the informant in the case and he lodged the F.I.R. before the Inspector in charge of Mahakalapada police station on 03.04.2017 and relating to the death of his wife Manasi Parida (deceased) and during course of investigation, even though no eye witness came forward to say anything against the petitioner but the petitioner was taken into custody on suspicion and there is absolutely no clinching material available to show the complicity of the petitioner in the alleged homicidal death of the deceased and therefore, the bail application may be favourably considered.
Learned counsel for the petitioner placed the statement of Bharat Parida who is the son of the deceased. It is stated that on the fateful day the petitioner was not present in the house when all of them went to sleep but on the next day, they found the petitioner was there in the house and the dead body was found on a land situated some distance away
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from the house of the petitioner.
Learned counsel for the State on the other hand submitted that the post mortem report indicates that the deceased has sustained number of injuries on her person and the cause of death has been opined to be due to such injuries which were ante mortem in nature and caused by sharp cutting weapon.Learned counsel for the State fairly submitted that there is no direct evidence in this case. However, he submitted that the investigation is under progress.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence against the petitioner and taking into account the materials available on record as well as 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 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.
Accordingly, the BLAPL is disposed of.
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Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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sisir
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2 issues framed by the court
Whether to grant bail to the petitioner who is a traitor to the deceased and the informant.
Whether evidence available against the petitioner is sufficient for the release order.
2 provisions across 2 enactments
Bharat Parida (son of the deceased)/Petitioner
State
S. K. Sahoo
sisir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
