Allowed

Ranjit@Hiran Singh v. State of Odisha

Orissa HC1 Jul 2020BLAPL/6808/2019

Case brief

AI extract

What is this about?

The High Court dismissed an interim bail application as withdrawn and disposed of the main bail application under Section 439 Cr.P.C. in a murder case, granting bail to the petitioner despite serious allegations of assisting in body disposal, noting his role under Section 201 IPC and absence from the crime scene.

What did the court decide?

Petitioner released on bail furnishing a bond of Rs. 20,000 with two local solvent sureties for like amounts to the Session Court.

Ranjit@Hiran Singh Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 6808 of 2019

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I.A. No.583 of 2020

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Ranjit @ Hiran Singh … Petitioner

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State of Odisha … Opp. party

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01.07.2020 This matter is taken up through video conferencing.

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This is an application for interim bail.

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Learned counsel for the petitioner wants to withdraw this interim application.

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Accordingly, the I.A. is disposed of as withdrawn.

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BLAPL No.6808 of 2019

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01.07.2020 Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with S.T. Case No.15 of 2020 arising out of Burla P.S. Case No.509 of 2018 pending in the Court of learned Sessions Judge, Sambalpur for offences punishable under sections 302/201/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Sambalpur(I/C) which was rejected on 24.07.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.12.2018 and

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charge sheet has been submitted under sections 302/201/34 of the Indian Penal Code and the occurrence in question took place on 22.12.2018 and the main allegation is against the wife of the deceased, namely, Bandhabi Besra and the petitioner stated to have assisted the said co-accused in disposing of the dead body and the petitioner’s implication in the case is one under section 201 of the Indian Penal Code which is bailable in nature and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State placed the 164 Cr.P.C. statement of the eye witness Manasi Besra and opposed the prayer for bail.

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A report was called for from the learned trial Court as to whether charge has been framed or not or whether eye witness Manasi Besra has been examined in the trial Court.

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Learned S.D.J.M., Sambalpur has reported that the case has already been committed to the Court of Session, Sambalpur.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and since as per the statement of the eye witness Manasi Besra, the role attributed against the petitioner is one under section 201 of the Indian Penal Code and there is no material on record that he was present in the scene of

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the crime when the co-accused namely Bandhabi Besra committed the offence and on hearing the learned counsel for the State, 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.20,000/(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in session 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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RKM

Ranjit@Hiran Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjit@Hiran Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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