This judgment grants bail to petitioners charged with offences under sections 302, 201, and 506/34 IPC in a murder case, relying on discrepancies between prosecution eye-witness statements and the post mortem report.
Petitioners released on bail by furnishing a bail bond of Rs. 50,000 each with two local solvent sureties for the like amount.
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BLAPL No. 4186 of 2020
1. Lachha Beti
2. Muka @ Rina Kurami
3. Kana Madi … PETITIONERS
4. Era Kurami
STATE OF ODISHA
... OPP.PARTY
Heard the learned counsel for the petitioners and learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with M.V.79 P.S. Case No.11 of 2020 corresponding to G.R. Case No.43 of 2020 pending in the file of learned J.M.F.C., Motu at M.V. 79 for alleged commission of offences under sections 302, 201, 506/34 of the Indian Penal Code.
The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Malkangiri vide order dated 20.03.2020.
Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 07.02.2020 and they have been charge sheeted under sections 302, 201, 506/34 of the Indian Penal Code. It is further submitted that as per the prosecution case, the occurrence in question took place on 04.02.2020 at about 6.30 a.m. and the first information report was
lodged on 06.02.2020 at 10.45 a.m. and in the F.I.R., though it is alleged that in the presence of others, the petitioners assaulted the deceased by means of lathies, but the post mortem report indicates that the cause of death was on account of asphyxia and some ante mortem injuries were noticed on the person of the deceased, but those were not been opined to have nexus to the cause of death. It is further submitted that the dead body of the deceased was found floating in a river and the statements of the eye witnesses run contrary to the post mortem report findings which makes the entire prosecution case to be doubtful and therefore, the bail application of the petitioners may be favourably considered.
Learned counsel for the State on the other hand submitted that apart from the F.I.R., two eye witnesses, namely, Rama Kurami and Unga Kurami have also stated about the assault on the deceased by the petitioners.
Considering the submissions of the learned counsel of the respective parties, the nature of accusation against the petitioners, the post mortem report findings vis-à-vis the statements of the eye witnesses, the background of the case and further taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) each with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the petitioners should be granted bail under section 439 Cr.P.C. in a prosecution for murder, attempt to murder, and intimidation.
2 provisions across 2 enactments
Lachha Beti
Muka @ Rina Kurami
Kana Madi
Era Kurami
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
