This is a bail application filed under Section 439 Cr.P.C. in a murder case. Considering the lack of direct evidence, circumstantial nature of proof, co-accused being released, and duration of detention, the Court granted bail to the petitioner.
The petitioner is released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the same amount.
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BLAPL No. 51 of 2019
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.823 of 2018 arising out of Kaniha P.S. Case No.116 of 2018 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences punishable under sections 302/120-B/449/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Talcher which was rejected on 24.12.2018.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.08.2018 and in the meantime, charge sheet has already been submitted under sections 302/120-B/449/34 of the Indian Penal Code. It is further submitted that the petitioner is the grandson of the deceased Hemalata Mishra and the petitioner along with his mother Renubala Mishra and one Amulya Swain were residing separately from the deceased and there are some material relating to previous dispute between the parties but there is no other clinching material against the petitioner and the co-accused Renubala Mishra has been released on bail by this Court in BLAPL No.6256 of 2018 vide order dated 07.01.2019 and therefore, the bail application may be favourably considered. A copy of bail order is filed which is taken on record
Learned counsel for the State on the other hand
submitted that even though there is no direct evidence in
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the case but one witness Bhaktabandhu Mishra stated to have heard quarrel from the house of the deceased in the evening hours on 02.08.2018 which according to him was between the deceased and the petitioner and on the next day i.e. on 03.08.2018 morning the dead body of the deceased was found inside her house. He further submitted that the post mortem report indicates that the cause of death due to massive hemorrhagic shock and damage of vital part of brain.
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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence and the nature of circumstantial evidence, relationship between the parties 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.
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.
Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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2 issues framed by the court
Whether the petitioner should be released on bail in a murder case involving circumstantial evidence and pending co-accused bail.
Whether the period of judicial custody and absence of direct evidence justify granting bail.
2 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
