This single judge application for bail under Section 439 Cr.P.C. was allowed. The high court officer granted bail to the petitioner charged with murder and Arms Act offences, citing a lack of direct evidence, belated implication, and the period of detention in custody.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 587 of 2020
Sk. Raja ……. 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 C.T. Case No.75 of 2019 arising out of Balasore Sadar P.S. Case No.18 of 2018 pending in the Court of learned J.M.F.C.(R), Balasore for offences punishable under sections 302/109/34 of the Indian Penal Code and sections 25 and 27 of the Arms Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Balasore which was rejected on 17.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.01.2020 and he has been charge sheeted under sections 302/109/34 of the Indian Penal Code and sections 25 and 27 of the Arms Act. It is further submitted that the occurrence in question took place on 20.01.2018 and the first information report was lodged on the next day i.e. 21.01.2018 against unknown persons and the deceased sustained gunshot injuries and he died on 12.03.2018. It is further submitted that there are no eye witnesses to the occurrence and on the basis of co-accused statement
which was recorded on 03.02.2019 the petitioner has been falsely entangled in the case. He further submitted that even as per the said confessional statement, it is stated that on the instruction of the petitioner, the coaccused persons committed the crime. Learned counsel submits that in view of the available materials on record, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on the other hand produced the case diary, opposed the prayer for bail and placed the statement of the widow of the deceased namely Manjari Bibi who stated about the previous enmity between the petitioner and deceased Gada Hemram. However, the learned counsel submits that apart from such statement as well as the co-accused statement, there is no other material on record against the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the belated implication of the petitioner in the alleged crime, absence of any direct evidence and 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.
3 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and offences under the Arms Act given lack of direct evidence and belated implication.
Whether the period of judicial custody and absence of eyewitnesses justify release on bail.
Whether the bail application is maintainable under Section 439 Cr.P.C.
3 provisions across 3 enactments
Sk. Raja
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
