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Sk. Sultan vs State Of Odisha

Orissa High Court · Decided on 24 March 2023 · Citation: (2023) 03 OHC CK 0180

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 693 Of 2023
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Judgment

14 paragraphs · 367 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in S.T. Case No.47 of 2022 pending on the file of learned Addl. Sessions Judge, Jajpur Road arising out of Korei P.S. Case No.170 of 2022 for commission of the alleged offence under Section 302 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Jajpur Road by order dated 4.1.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 6.6.2022 on the accusation of committing murder of his brother.

5.

It is further submitted that charge sheet has been filed on 30.09.2022 and the case has been committed to the Court of Session in the meanwhile.

6.

It is the submission of the learned counsel for the Petitioner that the genesis of the offence is an altercation at a tube well and the present Petitioner who is the brother of the deceased in a fit of anger dealt a blow without any premeditation to which the deceased succumbed.

7.

Learned counsel for the State has placed on record the statement of one Halima Bibi (C.W.2) who is a post-occurrence witness.

8.

On perusal of the same and the manner in which the blow was inflicted, this Court finds force in the submission of the learned counsel for the Petitioner.

9.

Taking into account the period of pre-trial detention, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month 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 and shall not in any manner try to intimidate the prosecution witnesses. Violation of the condition shall entail cancelation.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rule.

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