This is a bail application under Section 439 Cr.P.C. in a murder case. The High Court, noting the injury was caused by kick/fist without a weapon, co-accused on bail, and similar footing, released petitioners on bail with sureties.
Petitioners released on bail by furnishing bond of Rs. 20,000 each with two solvent sureties in each case.
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BLAPL No. 4142 of 2020
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. (G.N.) Case No.12 of 2020 arising out of Chandili P.S. Case No.39 of 2020 pending in the Court of learned Nyayadhikari Gramya Nyayalaya, Kolnara at Rayagada for offence punishable under sections 302/34 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned Sessions Judge, Rayagada(I/C) which was rejected on 04.06.2020.
Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 21.02.2020 and the occurrence in question took place on 16.02.2020 and the deceased Kusadhar Perisika died on 18.02.2020 and as per the statement of the eye witness Ketan Pusika, the deceased was assaulted not by any weapon but by means of kick and fist blows and after going through the post mortem report and statements of eye witnesses and release of the co-accused persons on bail and that the petitioners stand on the similar footing like the co-accused persons
who have already been enlarged on bail as submitted by the learned counsel for the State, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) each 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.
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RKM
1 issue framed by the court
Whether to grant bail to petitioners charged with murder under sections 302/34 IPC considering nature of injury and status of co-accused.
2 provisions across 2 enactments
Rabi Kadrada
Rajesh Miniaka
State of Odisha
RKM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
