Orissa High Court
BLAPL/7695/2016 of TOFAN BARAL Vs STATE OF ORISSA on 23 December 2016
of 2016 03. 23.12.2016 Heard learned counsel for the petitioner and t he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit ioner on bail who allegedly involved with the offence under Sections 302/34 of the Indian Pena l Code. Learned counsel for the
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03. 23.12.2016 Heard learned counsel for the petitioner and the learned State Counsel on the application under section 439 Cr.P.C. for release of the petitioner on bail who allegedly involved with the offence under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is no direct material against the present petitioner except the extra-judicial confession, which is not convincing one. He further submits that in the meantime charge sheet has been submitted for which lenient view may be taken to release the petitioner on bail on any condition as deemed just and proper. Learned Addl. Standing Counsel opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard being had to the facts and circumstances of the case including the post mortem report and the statement of the witnesses which show the extra-judicial confession by the present petitioner but it is yet to show that the same to be voluntary one, fact that the petitioner is in custody since one year, fact that in the meantime charge sheet has been submitted and the fact that the petitioner being a local person, there is no chance of his absconding or influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Additional District and Sessions Judge, Cuttack in S.T. Case No.242 of 2016 corresponding to G.R. Case No.388 of 2015 with the conditions that (i) The petitioner shall appear before the court in seisin over the matter on each date of posting (ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.
Accordingly the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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Dr.D.P.Choudhury,J
Basu
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