The High Court granted bail to the petitioner in a murder case under Section 439 Cr.P.C., directing release after noting the delay in trial despite earlier directives and contradictions in witness evidence.
Petitioner to be released on bail by furnishing a bond of Rs. 50,000 with two sureties.
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BLAPL No.8381 of 2017
Learned counsel for the petitioner files surrender certificate in Court which is taken on record.
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 S.T. Case No.10/159 of 2015 arising out of Tihidi P.S. Case No.243 of 2013 pending in the Court of learned Addl. Sessions Judge, Bhadrak for offences punishable under sections 302/326/325/307/294/506/ 354/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Bhadrak which was rejected on 13.10.2017.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 08.05.2015 and in the meantime, out of 18 charge sheeted witnesses, 13 witnesses have been examined and while rejecting the earlier the bail application of the petitioner in BLAPL No.5999 of 2015 and BLAPL No.5979 of 2016, direction was given to expedite the trial of the case but till today even the prosecution evidence is not over.
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Learned counsel for the petitioner further submitted that even though P.W.6 who is the informant in this case has implicated the petitioner in the assault of the deceased but there are major contradictions in her evidence which has been brought out in the cross-examination. It is further contended by the learned counsel for the petitioner that no other witnesses have implicated the petitioner in the
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assault of the deceased and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State placed the evidence of the informant as well as the doctor who has been examined as P.W.3.
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Learned counsel for the informant also vehemently opposed the prayer for bail.
Considering the submissions of learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, progress of the trial and since the direction of this Court earlier given in two bail applications have not been complied with by the learned trial Court, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty 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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1 issue framed by the court
Whether the petitioner should be released on bail considering the prolonged judicial custody and the delay in the conclusion of the prosecution evidence.
1 provisions across 1 enactments
The Petitioner
The State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
