Allowed

Smt. Bala v. The State Of Chhattisgarh

Chhattisgarh HC8 Oct 2015MCRC/4357/2015

Case brief

AI extract

What is this about?

In Misc. Crl. Misc. 4357 of 2015, the High Court of Chhattisgarh granted regular bail to Smt. Bala, an aged 65-year-old applicant, under Section 439 CrPC in a murder attempt case where her son was alleged to be the main perpetrator of the assault.

What did the court decide?

Applicant to be released on bail upon furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court.

Smt. Bala Vs The State Of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Misc. Criminal Case No.4357 of 2015

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Smt. Bala, aged about 65 years, W/o Late Gopal Bala, R/o P.V. 80, Thana Bande, Tahsil Pakhanjore, Distt. Kanker

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---- Applicant

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Versus

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The State of Chhattisgarh, through Police Station Bande, Distt. Kanker

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---- Non-applicant

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For Applicant: Mr. Parag Kotecha, Advocate. For Non-applicant: Mr. Neeraj Jain, Govt. Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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08/10/2015

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The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing her on regular bail during trial in connection with Crime No.12/2014, registered at Police Station Bande, Distt. Kanker, for the offence punishable under Section 307 read with Section 34 of the IPC.

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Case of the prosecution, in brief, is that on 14-2-2014 the applicant and her son Vishwajit – husband of victim Smt. Pali Bala, assaulted Smt. Pali Bala by knife, by which she suffered grievous injuries.

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Learned counsel for the applicant submits that the applicant has not committed any offence, she has been falsely implicated in the case and she is in custody since 15-6-2015. He further submits that it is the son of the applicant who is alleged to have caused injuries upon his wife, the applicant has not caused any injury and there is no overt act on her part. The applicant is a woman aged about 65 years. Charge-sheet has been filed.

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On the other hand, learned State counsel opposes the application and submits that in compliance of the order dated 14-9-2015 now, the injury report has been filed which reveals that Smt. Pali Bala has suffered grievous injuries which were sufficient to cause death. He further submits that the State Government has issued a circular dated 4-10-2015 by which it has been directed to all the Joint Directors, the Hospital Superintendents, the Chief Medical and Health Officers, and the Civil Surgeons that medico legal report will be furnished within seven days.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, the fact that main assault has been made by the son of the applicant namely Vishwajit, the applicant is aged about 65 years being a woman and her pretrial detention, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

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It is, therefore, directed that the applicant be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for her appearance as and when directed.

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Before parting with this case, it is pertinent to mention that in the said circular, the State Government having noticed the difficulty of the investigating agency to get the medico legal report, has issued the following direction: -

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Since the State Government has already issued circular for supply of medical legal report within seven days from the date of receipt by the concerned investigating officer, no further order is necessary. It is hoped that such instructions would be followed strictly in its letter and spirit by the concerned authorities. With the aforesaid observation, it is accordingly disposed of.

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Sd/(Sanjay K. Agrawal) Judge

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Soma

Smt. Bala v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Bala v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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