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Judgment
15 paragraphs · 376 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.T. Case No.78 of 2023, pending on the file of the learned Sessions Judge, Keonjhar, arising out of Ghatgaon P.S. Case No.74 of 2023, for commission of alleged offences under Sections 147/148/342/302/149 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Keonjhar I/c. by order dated 18.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 13.04.2023 and charge sheet has been filed on 09.08.2023.
Referring to the release of the co-accused (Motilal Jonko @ Motilal Janka) by order dated 23.11.2023 in BLAPL No.10134 of 2023, the Petitioner seeks release, inter alia, on the ground of parity.
Paragraphs 6 and 8 of order relating to the co-accused (Motilal Jonko @ Motilal Janka) is extracted hereunder:
“6. Learned counsel for the State opposes the prayer for bail and submits that there are number of eyewitnesses and he places reliance on the statements of CSW Nos.8, 9 & 12, Krushna Munda, Kuna Munda & Sanju Munda respectively, to fortify his submission.
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On consideration of the same and the role ascribed to the present Petitioner that he was involved in the first stage of the incident and prima facie the death can be attributed to co-accused Mithun, Basanta, Sunil, Dipu and Purna, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Learned counsel for the State referring to the statement of C.Ws.8,9,12 and 13 (Parbati Munda) submits that the Petitioner is involved in the second stage of the offence which prima facie led to the death of the deceased. Hence, he submits that the Petitioner is not similarly placed with the co-accused who has been released on bail.
This Court perused the statements of C.Ws.8,9,12 and 13 (Parbati Munda).
On consideration of the materials on record, this Court is not inclined to entertain this bail application at this stage.
Accordingly, BLAPL stands rejected.
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