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Judgment
14 paragraphs · 474 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in C.T. Case No.82 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Motu P.S. Case No.32 of 2022 for commission of the offence under Sections 302/201/34 IPC.
Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Malkangiri, by order dated 05.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is stated that the occurrence which resulted in the death of Suba Bandami took place on 14.03.2022 and the Petitioners were taken into custody on 09.04.2022.
It is further stated that after investigation charge sheet was filed on 28.07.2022.
It is the submission of the learned counsel that in the meanwhile both the alleged eye witnesses, namely, Bhima Bandami and Jaga Bahdami have been examined as P.Ws.9 and 10 respectively and they have not supported the prosecution. The depositions of the said two witnesses are on record which fortify the assertion of the learned counsel for the Petitioners.
It is the further submission of the learned counsel for the Petitioners that the ligature with which the offence was committed was recovered at the instance of Petitioner No.4-Kanna Madkami in his statement recorded under Section 27 of the Evidence Act and the witnesses to the discovery have been examined as P.W. 7-Rama Salbam and P.W.8- Mala Madmami and since they too have resiled there is no material to connect the Petitioners with the alleged offence.
Learned counsel for the State, on the other hand, submits that at this stage it would not be prudent for the Court to evaluate the materials on record in an ongoing trial.
On a conspectus of the materials on record, this Court is persuaded to hold that, keeping in view the nature of offence qua the accusation vis-à-vis the Petitioners, their further continuance in custody is not warranted. Hence, it is directed that they shall be released on bail on bail on such terms to be fixed by the learned court in seisin so as to ensure their presence on each date of trial.
Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Petitioners shall not threaten the Informant and/or his family members. It shall be open to the Informant to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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