Allowed

Sk.Rupa @ Sk, Lupa @ Sk.Salamat v. State of Odisha

Orissa HC8 Oct 2020BLAPL/626/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a murder case under Section 302 IPC read with Arms Act. The court considered the lack of eyewitnesses, the petitioner's affidavit, and the fact that a co-accused had been released on bail.

What did the court decide?

The petitioner was released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties for the like amount.

Sk.Rupa @ Sk, Lupa @ Sk.Salamat Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 626 of 2020

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Sk. Rupa @ Sk. Lupa @ Sk. Salamat ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

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08.10.2020

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This matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioner and learned counsel for the State.

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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 section 302 of the Indian Penal Code read with sections 25/27 of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Baleswar which was rejected on 17.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.01.2020 and he has been charge sheeted under section 302 of the Indian Penal Code read with sections 25/27 of the Arms Act. He further submitted that the occurrence in question took place on 20.01.2018 and the F.I.R. was lodged on 21.01.2018 against unknown persons and the deceased sustained gunshot injury and he died on 12.03.2018. He further submitted that no witnesses have seen as to who fired gunshot at the deceased or gun in the hands of the petitioner and on the basis of the confessional statement of the co-accused which was

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recorded on 03.02.2019, the petitioner has been falsely entangled in this case. It is further submitted by the learned counsel for the petitioner that one of the coaccused namely, Sk. Raja has already been released on bail in BLAPL No.587 of 2020 as per the order dated 19.08.2020 and the petitioner stands on similar footing like the co-accused and there is chance of false implication of the petitioner on account of previous dispute between the parties and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State on the other hand submitted that while the deceased was moving in a motor cycle with two other persons, there was gunshot to him and at that time the petitioner was passing on that road in another motorcycle. It is further submitted by the learned counsel for the State that the petitioner is having criminal antecedents and therefore he is not similarly situated like the co-accused who has been enlarged on bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and since nobody has seen as to who actually fired gunshot at the deceased, the comprehensive affidavit filed by the petitioner and taking into account the period of detention of the petitioner in judicial custody as well as release of the coaccused on bail, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local 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.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order is granted on proper application.

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…………………..…… S.K. Sahoo, J.

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Sk.Rupa @ Sk, Lupa @ Sk.Salamat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk.Rupa @ Sk, Lupa @ Sk.Salamat v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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