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Judgment
11 paragraphs · 286 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R. Case No.545 of 2022, pending in the file of learned S.D.J.M., Padampur, arising out of Padampur P.S. Case No.134 of 2022, for commission of alleged offences under Section 302 IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Padampur, by order dated 5.1.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the act was committed by the Petitioner on the spur of the moment without any premeditation. Since the Petitioner is in custody from 5.6.2022 and charge sheet has been filed on 13.9.2022, he may be released on bail.
Learned counsel for the State opposes the prayer for bail relying on the statement of two eye witnesses Ahalya Bariha and Jhili Bariha, charge sheet witness nos.8 and 10 respectively.
On perusal of the said statements, it is borne out that there was a quarrel on 4.6.2022 between the accused and the deceased. The occurrence took place on 5.6.2022 at about 7 A.M. Hence, it cannot be said that there was no intention as submitted.
Considering the background in which the offence has been committed and taking into account the age of the Petitioner (65 years), this Court directs the Petitioner to be released on bail on terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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