Muna Naik v. State of Odisha
Case brief
What is this about?
Criminal bail appeal regarding murder and affray charges. Court granted bail to petitioner upon considering parity with released co-accused and period of custody, requiring bond and sureties.
What did the court decide?
Petitioner released on bail on furnishing bond of Rs.20,000 with two solvent sureties each.
What the court decided
BLAPL No. 1487 of 2020
Muna Naik … Petitioner
-Versus-
State of Odisha
... Opp. party
- 09.10.2020 The matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.143(A) of 2015 arising out of Dhenkanal Sadar P.S. Case No.51 of 2015 pending in the Court of learned S.D.J.M., Dhenkanal for offences punishable under sections 147/148/342/302/ 201/149 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Dhenkanal which was rejected on 05.02.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.01.2020 and he has been charge sheeted under sections 147/148/342/302/201/149 of the Indian Penal Code. He further submitted that the similarly situated co-accused persons, namely, Pramod Naik, Aparti Naik @ Tuna Naik and Prafulla Naik have been released on bail in BLAPL No.4801 of 2015, BLAPL No.4808 of 2015 and BLAPL No.4777 of 2015 respectively and the detailed orders have been passed in those three cases. He further
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail despite being an absconder given the parity with co-accused released on bail.
Parties & counsel
- petitioner
Muna Naik
- respondent
State of Odisha
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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