Sorabh Mandal Alias Sarab Mandal v. the State of Jharkhand
Case brief
What is this about?
In a bail application under Section 302 IPC arising from the murder of the petitioner's wife, the court rejected the plea that injuries were accidental, noting medical evidence showed lacerated wounds inconsistent with a slip, and ruled against bail.
What did the court decide?
The bail application is rejected.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 13132 of 2021 Sorabh Mandal @ Sarab Mandal … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
---------For the petitioner : Mr. Aman Sekhar, Advocate For the State : Mr. Vishwanath Roy, A.P.P. (Through V.C. )
03/ 19.01.2022 This bail application is on behalf of applicant Sorabh Mandal @ Sarab Mandal with a prayer to release him on bail in case crime being Taljhari P.S. Case No. 01 of 2020, corresponding to G.R. No.18 of 2020 (District- Sahibganj), registered for the offence under Section 302 of the Indian Penal Code.
Learned counsel for the applicant has submitted that the First Information Report of this case was lodged by the informant in regard to murder of her daughter by the applicant Sorabh Mandal @ Sarab Mandal, with whom she was married. Learned counsel for the applicant has submitted that the applicant had not inflicted any injury to the deceased, as alleged in the F.I.R. rather the deceased had slipped and sustained injuries, who was also brought admitted to the hospital by the applicant and the applicant has been languishing in jail since 24.02.2020.
Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and contended that the applicant is the husband of the deceased and the information in regard to the occurrence was received by the informant from the neighbor of the applicant. It is also submitted that the behavior of the applicant had been thoroughly cruel some towards his wife and the submission of the applicant that the deceased had sustained accidental injuries is belied by the medical evidence and as per post-mortem report, there are three external injuries, lacerated wound on the left parietal region and skull, on the knee and elbow as well and the cause of death is
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the accused charged with murder who claims the victim died by accident.
Whether the medical evidence supports the contention of accidental death.
Whether the accused is entitled to release on bail in a murder case involving cruelty.
Parties & counsel
- petitioner
Sorabh Mandal @ Sarab Mandal
- respondent
The State of Jharkhand
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · January
- Registered
- Case no.
- B.A./13132/2021
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