The Single Judge granted bail to the petitioner in a criminal trial involving murder and arms offences. The court accepted the petitioner's after five months of custody and reasoned that the case relied heavily on the co-accused's confession.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 5774 of 2020
BABULI PATTNAIK
… PETITIONER
-VERSUS- STATE OF ODISHA ...
... OPP.PARTY
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for release of the petitioner on bail in connection with Kodinga P.S. Case No.64 of 2020 corresponding to G.R. Case No.506 of 2020 pending in the file of learned S.D.J.M., Nabarangpur for alleged commission of offences under sections 457 and 395 of the Indian Penal Code and sections 25/27 of the Arms Act.
The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Nabarangpur vide order dated 05.08.2020.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 25.06.2020, charge sheet has already been submitted under sections 457 and 395 of the Indian Penal Code and sections 25/27 of the Arms Act and the involvement of the petitioner in the case is based on the confessional statement of the co-accused before the police and on hearing the learned counsel for the State, 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 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
3 issues framed by the court
Whether the petitioner should be released on bail considering charges underSections 457, 395 IPC and 25/27 Arms Act.
Whether the reliance on confessional statement of co-accused warrants rejection of bail application.
Whether the petitioner, in judicial custody since 25.06.2020, ought to be granted bail.
3 provisions across 3 enactments
BABULI PATTNAIK
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
