Allowed

Bapia@Gajendra Sial v. State of Odisha

Orissa HC25 Jan 2019BLAPL/41/2019

Case brief

AI extract

What is this about?

This bail application was filed by the petitioner, an accused in a criminal trial involving alleged culpable homicide, seeking release from custody. After hearing submissions from both the petitioner and the State, the Court considered the period of detention and surrounding circumstances, directing the petitioner's release on bail.

What did the court decide?

The petitioner was directed to be released on bail from custody in the stated case on such terms and conditions as deemed just and proper by the Court.

Bapia@Gajendra Sial Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

¶1

BLAPL NO. 41 OF 2019

¶2

25.01.2019 Learned counsel for the petitioner files a memo in Court today seeking correction of the cause title, which is taken on record.

¶3

Learned counsel for the petitioner is permitted to correct the cause title.

¶4

The petitioner being in custody in connection with Soro P.S. Case No. 568 of 2017 corresponding to C.T. Case No. 1015(A) of 2017 and S.T. Case No. 22 of 2019 on the file of learned Sessions Judge, Balasore running for alleged commission of offence under sections 341/294/302/506/34 IPC has filed this application under section 439 of the Cr.P.C. for his release on bail.

¶5

Learned counsel for the petitioner submits that as per the prosecution case due to some earlier dispute, the sons of the deceased went and damaged the shop of the accused Tapu @ Suresh Kumar Sial and thereafter he with his family members including the petitioner reached there, holding the sticks and iron rods, when the informant who happens to be the son of the deceased as well as his brother fled away from the spot. It has also been alleged that the father of the informant when came there in search of his son, he was also assaulted.

¶6

Referring to the statements of the eye witnesses, learned counsel for the petitioner submits that the deceased while going fell down on the road and sustained some injuries and thereafter he having been taken into hospital, died.

¶7

Learned counsel for the State submits that as per the statements of the eye witnesses, all the accused persons assaulted the deceased by means of sticks, iron rods, feast blows and kicks.

¶8

Perusal of the postmortem report reveals that the deceased had sustained six visible injuries like abrasion and bruise on his face and there was internal hemorrhage in the brain which has caused the death. The visible injuries found on the face were not fatal and there was no external injury on the outer side of the head corresponding the cerebral hematoma which was resulted to the death.

¶9

Learned counsel for the petitioner submits that in the meantime Tapu @ Suresh Kumar Sial, similarly situated with the petitioner has been released on bail and therefore further detention of the petitioner in custody is not warranted, moreso, when there strands no such other impediment.

¶10

Learned counsel for the State stating that this petitioner has remained as an absconder for quite long period and thereafter taken into custody, opposes the mo ed. He submits that co-accused, Tapu being in custody since 08.12.2017, he was granted bail on 28.11.2018 and thus the petitioner’s case is squarely distinguishable.

¶11

Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody and in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case on such terms and

¶12

conditions as deemed just and proper by the court in seisin of the case.

¶13

The BLAPL is accordingly disposed.

¶14

Issue urgent certified copy as per rules.

¶15

…………………….. D. Dash, J.

Bapia@Gajendra Sial v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapia@Gajendra Sial v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dipak Jena Vs State of Odisha

Bindusagar Das Vs State of Odisha

Santosh Kumar Sahoo Vs State of Odisha

Ram Tripathy@Rama Tripathy Vs State of Odisha

Ratikanta Behera Vs State of Odisha

Kartika Rout Vs State of Odisha