This bail application was heard via video conferencing. The High Court, considering the eyewitness account, post mortem report indicating injury caused by a co-accused, and period of detention, inclined to release the petitioner on bail.
Petitioner released on bail on furnishing a bail bond of Rs. 20,000 with two local solvent sureties each for like amount.
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BLAPL No. 452 of 2020
GHANA NAIK @ DUKU … PETITIONER
-VERSUS-
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. for grant of bail to the petitioner in connection with Gorumahisani P.S. Case No.38 of 2018 corresponding to S.T .Case No. 13 of 2019 pending in the Court of learned Addl. Sessions Judge, Rairangpur for alleged commission of offences under sections 302/ 34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Rairangpur, which was rejected on 03.12.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.11.2018 and charge sheet has already been submitted under sections 302/34 of the Indian Penal Code. It is further submitted that the occurrence in question took place during the intervening night of 7/8.11.2018 and as per the eye witness account of one Laxman Naik, the petitioner pressed the neck of the deceased Gumudi Naik whereas the co-accused Kumar Naik assaulted him by means of a
lathi. He further submitted that the post mortem report indicates that there are no neck injury sustained by the deceased and the cause of death was on account of haemorrhage and neurogenic shock due to head injury, which is attributed to the co-accused Kumar Naik and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on the other hand produced the case diary, placed the post mortem report and opposed the prayer for bail.
Considering the submissions of the learned counsel of the respective parties, the nature of accusation against the petitioner, the overt act attributed against the petitioner as per the eye witness account of one Laxman Naik, the post mortem findings and 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 a bail bond of Rs.20,000/(rupees twenty thousand) 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.
…………………..……
PKSahoo
S.K. Sahoo, J.
1 issue framed by the court
Whether the petitioner is entitled to bail in the circumstances of the case considering the nature of accusation and post mortem findings.
1 provisions across 1 enactments
Ghana Naik @ Duku
State of Odisha
S.K. Sahoo
As recorded by the court registry
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