Single judge allowed bail to a petitioner accused of murder (section-302/34 IPC) who had been in custodia since 2018. The court imposed conditions regarding witness safety, territorial jurisdiction, and regular appearances.
Directed release of the Petitioner on bail subject to conditions of appearance and witness protection.
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BLAPL NO.1813 OF 2020
This is the second journey of the Petitioner who is in custody connection with in connection with Kabisuryanagar P.S. Case No.45 of 2018 corresponding to S.T. Case No.173 of 2018 arising out of G.R. Case No.40 of 2018 arising on the file of learned J.M.F.C., Kabisuryanagar running for alleged commission of offence under section-302/34 of the IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the Petitioner submits that the Petitioner having been implicated in this case is in custody since mid of the year 2018. It is his submission that the prosecution version so as to the role of this Petitioner is confined to the extent that he being present at a little distance from the place where the deceased was being assaulted by other accused persons was instigating them by shouting. He further submits that in spite of such long detention of the Petitioner in custody for all these periods, the trial has not yet commenced. According to him, looking at the number of witnesses cited in the charge-sheet, early conclusion of the trial is also not expected. It is his submission that the Petitioner being a permanent resident of the District of Ganjam, there remains no scope on the part of the Petitioner to flee from justice when the other factor relating to interfering in the trial by influencing the witnesses can be taken care of by imposing appropriate terms and conditions. In view of all these above; he
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urges for reconsideration of the prayer for grant of bail to the Petitioner.
Learned counsel for the State submits that though as per the prosecution case, this Petitioner had not caused any assault upon the deceased, yet he is the leader at the place which he has displaced by instructing co-accused persons whose roles have proved fatal. He however does not dispute that the Petitioner is in custody since 06.05.2018.
Taking into account the submissions made; further keeping in view the materials on records as also other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge including the factum of release of coaccused person on bail; in the absence of any such impediment; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that:-
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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
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D. Dash, J.
H
1 issue framed by the court
Whether petitioner in custody facing murder charges deserves reconsideration for bail grant based on long detention and role in the offence.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
