The High Court allowed bail to the petitioner, a co-accused in a murder case, noting that the main assault was attributed to another accused and admitting injuries against the petitioner were non-fatal.
Petitioner released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties each for the same amount.
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BLAPL No. 244 of 2020
Rajendra Nayak … Petitioner -VersusState of Odisha … Opp. party
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 C.T. Case No.568 of 2019 arising out of Simulia P.S. Case No.170 of 2019 pending in the Court of learned J.M.F.C., Soro for offence punishable under sections 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Balasore which was rejected on 06.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.08.2019 and in the meantime after completion of investigation, charge sheet has been submitted under sections 302/34 of the Indian Penal Code. He further submitted that the first information report has been lodged by an eye witness and as per the eye witness account, the main assault has been attributed against the co-accused Srikanta Nayak who stated to have assaulted the deceased by a lathi on his head, which according to the post mortem report, is the cause of death. He further submitted that the
allegation as against other accused persons including the petitioner are omnibus in nature and apart from the head injury, the other injuries as noticed in the post mortem report are not fatal in nature. He further submitted that in view of the materials available on record, the bail application of the petitioner may be favourably considered.
Learned counsel for the State placed the first information report as well as the post mortem report which also indicate that the cause of death was on account of head injury. He further submitted that the occurrence in question took place on 21.06.2019 and the deceased was shifted to S.C.B. Medical College and Hospital, Cuttack and during the course of treatment, he died on 25.06.2019.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the main role has been attributed against the co-accused Srikanta Nayak, after going through the post mortem report and further 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.50,000.00 (rupees fifty thousand) with two local 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.
The BLAPL is accordingly disposed of. Urgent certified copy of this order is granted on proper application.
…………………..…… S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether to grant bail to the petitioner charged under sections 302/34 of the Indian Penal Code.
2 provisions across 2 enactments
Rajendra Nayak
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
