High Court granted bail to the petitioner in a murder case. The judge noted discrepancies between the eyewitness statement and the post mortem report, and the time gap between the assault and death, which contributed to the release decision.
Petitioner released on bail on furnishing a bond of Rs.20,000 with two solvent sureties.
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BLAPL No. 393 of 2020
Banu Patra ……. 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 S.T. Case No.37 of 2020 arising out of Kanjipani P.S. Case No.59 of 2019 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 Special Judge (Vigilance), Keonjhar which was rejected on 03.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.11.2019 and charge sheet has been submitted under sections 302/34 of the Indian Penal Code and the occurrence in question took place on 29.10.2019 and as per the statement of eye witness Sabitri Nayak, three persons participated in the assault of the deceased and the deceased was hospitalized for some days and thereafter he was discharged and on 04.11.2019, the father of the deceased lodged an F.I.R. on the basis of which a case under section 307 of the Indian Penal Code was registered and the deceased died on 04.11.2019 where
after the case turned to one under section 302 of the Indian Penal Code. Learned counsel submits that since there is no clinching material available on record against the petitioner rather it indicates that it is a case of accidental death, the petitioner’s bail application may be favourably considered. He further submits that the case has already been committed to the Court of Session and pending in the Court of learned Sessions Judge, Keonjhar in S.T. Case No.37 of 2020.
Learned counsel for the State on the other hand produced the case diary and submitted that the cause of death of the deceased was on account of cerebral hemorrhage. However, he submitted that only one external injury was noticed on the person of the deceased and it is the prosecution case that three persons participated in the assault of the deceased.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the discrepancies between the ocular statement of Sabitri Nayak and the post mortem report finding, the time gap between the date of occurrence and date of death 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.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 is entitled to release on bail considering the discrepancies between the eyewitnes statement and the post mortem report.
Whether the period of detention in judicial custody warrants release on bail in this offence.
1 provisions across 1 enactments
Banu Patra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
