This bail application under Section 439 CrPC regarding murder charges was disposed of partially. Bail was allowed for three petitioners, while the prayer for the first petitioner was dismissed as it was not pressed in court.
Bail granted for petitioners Motum Dula, Motum Lachha and Motum Bhima; bail prayer for Motum Suba dismissed.
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.7425 of 2020
1. Motum Suba,
2. Motum Dula,
2. Motum Lachha and 3 Motum Bhima
…. Petitioners
-Vrs-
State of Odisha …. Opp. Party
For Petitioners : Prasanta Kumar Nanda For State : Ms. Saswata Pattnaik, Addl. Government Advocate
I have heard Mr. Prasanta Kumar Nanda, learned counsel for the petitioners and Ms. Saswata Pattnaik, learned Additional Government Advocate for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners- Motum Suba , Motum Dula, Motum Lachha and Motum Bhima in connection with Motu P.S. Case No.44 of 2020 corresponding to G.R. Case No.191 of 2020 pending in the Court of the learned J.M.F.C., Motu at M.V.79 registered for commission of offences under Section 302 of I.P.C.
The petitioners had moved an application for bail before the court of learned Sessions Judge, Malkangiri which was rejected on 18.09.2020.
The prosecution allegations in brief are that 04.07.2020, the Petitioner No.1 Motum Suba who is a covillager had called Motum Desa younger brother of the informant to catch fish and subsequently the accused returned home alone, but Motum Desa (deceased) did not return. The informant searched for his brother and on
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06.07.2020, he found the dead body of his brother in the canal with injuries on different parts of his body. Hence he lodged FIR against Motum Suba suspecting that he had killed his brother.
Mr. Nanda, learned counsel for the petitioners did not want to press the application in respect of petitioner No.1-Motum Suba, stating that he will move the learned trial court afresh. He has submitted that the petitioners are in custody since 09.07.2020 and in the meanwhile, charge sheet has been submitted. His further submission is that there is no eye witness to the occurrence and on the basis of the confessional statement of Petitioner No.1, the police has arrested petitioners No.2 to 4.
Learned counsel for the State opposes the prayer for bail stating that Petitioner No.1 has confessed that all of them had hatched a plan to kill the deceased after calling him to the canal, due to land dispute and that he assaulted the deceased on his head while the others held him and thereafter all of them pushed the deceased into the river 3 or 4 times in order to drown him and then threw his body in the river. She also states that Petitioner No.1 had called the deceased from his house and was “last seen” with him and has been seen by witnesses going to the canal with the deceased and Petitioners No. 2 to 4 were seen near the canal. She further states that Petitioner No.1 has led to discovery of the weapon of offence and the clothes of the deceased and given recovery of the same.
Perused the case diary, statements of witnesses recorded under Sec-161 Crl.P.C., statement recorded under Section – 27 of the Evidence Act and the post mortem examination report.
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Considering the submissions of the learned counsels, the nature of materials available against them and the period of their detention in jail custody, I am inclined to allow the prayer for bail of Petitioners No.2 to 4. The prayer for bail of Petitioner No.1 is dismissed as it was not pressed.
Sukanta
Let the petitioner No.2 Motum Dula, petitioner No.3 Motum Lachha and petitioner No.4 Motum Bhima, be released on bail on such terms and conditions as deemed fit by the learned Court in seisin of the case including the condition that they will appear on each date, the case is fixed for trial .
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the petitioners may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April. 2021.
………………..…… Savitri Ratho, Judge
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2 issues framed by the court
Whether bail should be granted to petitioners charged with murder under Section 302 IPC.
Whether discretion should be exercised in favour of petitioner No.1 whose bail prayer was not pressed.
2 provisions across 2 enactments
Motum Suba
Motum Dula
Motum Lachha
Motum Bhima
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
