Single judge granted bail to a female petitioner charged with murder and related offences. The court applied the proviso to Section 437(1) Cr.P.C., noting the main aggression originated from the deceased's husband and considering the petitioner's gender.
Released on bail furnishing a bond of Rs.20,000 with two solvent sureties for like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.1285 of 2016
12.04.2016 Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.573 o
f 2015 arising out of Titilagarh P.S. Case No.289 of 2015 pending in the Court of learned S.D.
J.M., Titilagarh for offences punishable under sections 341/342/302/34 of IPC.
The petitioner moved an application for bail before the Court of learned Addl. Session
s Judge, Titilagarh which was rejected on 25.01.2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 8.1
2.2015 and in the meantime, after completion of investigation, charge-sheet has been submitted
against the petitioner under sections 341/342/302/34 of IPC. It is the contention of learned
counsel for the petitioner that the husband of the informant brought an axe from his house and
assaulted the daughter of the petitioner on her neck and thereafter on retaliation, the occur
rence in question took place. He further submits that the cause of death of the deceased as pe
r the post mortem examination report was on account of the head injury which has been attribut
ed to the husband of the petitioner and since the petitioner is a lady, in view of proviso to
section 437 (1) Cr.P.C., the bail application of the petitioner deserves favourable considerat
ion.
Learned counsel for the State has produced the case diary and placed the post mortem e
xamination report which indicates that the deceased had sustained five injuries but
the cause of death of the deceased was due to head injury. He further placed the 161 Cr.P.C. s
tatement of the informant.
Considering the submissions made by the learned counsels for the respective parti
es, the nature of accusations against the petitioner, the surrounding circumstances under wh
ich the offence was committed, the post mortem report findings and the fact that the main alle
gation of assault has been attributed to the husband of the petitioner and taking into account
the period of detention of the petitioner in judicial custody and the fact that the petitione
r is a lady, keeping in view the proviso to section 437 (1) Cr.P.C., I am inclined to release
the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail b
ond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like am
ount to the satisfaction of the Court in seisin over the matter with further terms and conditi
ons as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application.S. K. Sahoo, J.2
2 issues framed by the court
Whether the petitioner arrested for offences under 341/342/302/34 IPC is entitled to bail.
Whether the proviso to section 437(1) Cr.P.C. regarding female accused applies given the tripartite nature of the incident.
3 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court