The High Court granted bail to a murder accused under section 439 Cr.P.C., noting the absence of eye witnesses and reliance on a co-accused's confession, despite the charge sheet availability.
Petitioner released on bail of Rs. 20,000 with two solvent sureties with further terms.
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BLAPL No. 340 of 2020
Gadadhar Kisan … 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 S.T. Case No.62 of 2019 arising out of Telkoi P.S. Case No.175 of 2018 pending in the Court of learned Sessions Judge, Keonjhar for offence punishable under sections 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Keonjhar(I/C) which was rejected on 08.08.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.12.2018 and charge sheet has been submitted under sections 302/34 of the Indian Penal Code and there are no eye witnesses to the occurrence and on the basis of confessional statement of co-accused Kirtan Kisan who happens the father of the petitioner, the petitioner has been falsely entangled in the case and that at the instance of the father of the petitioner, one tangia has also been seized, after hearing the learned counsel for the State and taking into account the
background of the case, 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.
…………………..…… S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner, a murder accused in judicial custody without eye witnesses, is entitled to bail.
Whether the confessional statement of the co-accused and seizure of an incriminating article justify release on bail.
2 provisions across 2 enactments
Gadadhar Kisan
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
