This application under section 439 Cr.P.C. seeks bail for the petitioner charged with murder, unlawful killing, and criminal conspiracy. The Hon'ble Court, noting the delay in trial and circumstantial evidence, granted bail with conditions.
Petitioner released on bail on furnishing a bond of Rs.20,000 with two solvent sureties each for the like amount.
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. 1424 of 2019
Suka @ Sukanta Behera … Petitioner -Versus- State of Odisha … Opp. party
This is an application under section 439 Cr.P.C. in connection with Badagada P.S. Case No.189 of 2017 corresponding to C.T. Case No. 2836 of 2017 pending in the file of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 302/201/120-B/ 34 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Khurda at Bhubaneswar vide order dated 15.01.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 09.07.2017 and even though the earlier application for bail in BLAPL No.833 of 2018 was rejected on 02.04.2018 but there is no progress in the trial and only two witnesses have been examined so far and the case is based on circumstantial evidence and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned
Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case pending trial where progress has been slow.
Whether the release on bail is warranted given the circumstantial evidence and lack of witness examination.
Colour shows how this judgement treated each authority
N/AReferred
2 provisions across 2 enactments
Suka @ Sukanta Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
