The High Court allowed the bail application of Dasarathi Pangi, charged under Section 302 of the I.P.C., on finding that the case at best discloses an offence under Section 304 Part-II and no apprehension of absconding exists.
The petitioner-accused is released on bail in the above-noted case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.8458 of 2019
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
The petitioner- Dasarathi Pangi is in custody for alleged commission of offence punishable under Section 302 of the I.P.C. in C.T. Case No.52 of 2019, corresponding to G.R. Case No.14819 of 2019, of the court of the learned Sessions Judge, Koraput at Jeypore, arising out of Baipariguda P.S. Case No.18 of 2019.
In this case, charge-sheet has been filed in this case under Section 302 of the I.P.C., in the meantime. From the statement of the witnesses recorded in course of investigation, it appears that the occurrence took place all on a sudden because of some altercation between the deceased and the accused and a single blow was given on the head of the deceased.
Learned counsel for the petitioner submits that the case under Section 302 of the I.P.C. is not made out in this case. At best a case under Section 304, Part-II is made out against the petitioner. That apart, the petitioner is a permanent resident of village- Bhaliapadar, Kollar, P.S.- Boipariguda, in the district of Koraput. Hence, there is no reasonable apprehension of his abscondance from the process of justice. The record does not show that the petitioner is a history-sitter.
In that view of the matter, the application for bail of the petitioner is allowed. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge-cum-Special Judge, Nimapara.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….. S. K. Mishra, J.
BJ
2 issues framed by the court
Whether the petitioner is entitled to bail in the case under Section 302 of the I.P.C.
Whether the petitioner has reasonable apprehension of absconding or is a history-sitter.
Dasarathi Pangi
State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
