The High Court granted bail to the petitioner charged with murder for lack of direct evidence and insufficient clinching circumstantial evidence, releasing him on a bail bond of Rs. 20,000 with two solvent sureties.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.
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BLAPL No. 2953 of 2020
Chouban Majhi @ Chouban Kishore Majhi ……. Petitioner -Vrs.- State 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 G.R. Case No.534 of 2019 arising out of Kantabanji P.S. Case No.254 of 2019 pending in the Court of learned J.M.F.C., Kantabanji for offences punishable under sections 302/201 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Lantabanji which was rejected on 21.04.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 15.11.2019 and he has been charge sheeted under sections 302/201 of the Indian penal Code. The occurrence in question stated to have taken place on 29.10.2019 and there are no eye witnesses to the occurrence and it is submitted that the petitioner was seen in the company of the deceased Bhujabal Parabhue and others and the dead body of the deceased was recovered from a well and his mobile set was found in his hand. It is submitted that in absence of the clinching circumstantial evidence against the
petitioner relating to his involvement in the crime, the bail application may be favourably considered.
Learned counsel for the State placed the statement of the son of the deceased namely Jyotish Parabhue.
Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence and nature of circumstantial evidence on record and 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.20,000.00 (rupees twenty 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.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
sisir
…………………..……
S.K. Sahoo, J.
2 issues framed by the court
Whether the petitioner should be released on bail in a murder charge where there is no direct evidence and only circumstantial evidence exists, and the petitioner has been in custody since the occurre
Whether the absence of eye witnesses and lack of clinching circumstantial evidence against the petitioner justifies granting bail.
2 provisions across 2 enactments
Chouban Majhi @ Chouban Kishore Majhi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
