Single judge allowed a bail application under Section 439 Cr.P.C. for a female accused in a murder case. The court considered her age, detention period, and gender while granting bail despite serious charges.
Petitioner released on bail with a bond of Rs. 20,000 and two solvent sureties for the same amount.
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BLAPL No.1730 of 2016
18.4.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the peti
tioner in connection with Paikamal P.S. Case No. 51 of 2015 corresponding to C.T. Case No. 53
of 2015 pending before the learned Additional Sessions Judge, Padampur for alleged commission
of offences under sections 302/201/34 of Indian Penal Code.
The petitioner moved an application for bail before the learned Addl.Sessions
Judge, Padampur which was rejected on 6.2.2016.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 25.6.2015 and she has been charge sheeted under sections 302/201/34 of Indian Penal Code.
He further submits that the occurrence took place in two phases, the first occurrence was on
28.4.2015 and the second occurrence was on 30.4.2015. It is the contention of the learned coun
sel for the petitioner that in the first phase of occurrence, the petitioner has not participa
ted and the allegation relating to such occurrence is against the wife of the deceased namely
Bindu Seth and her Paramour Premananda Dandasena. So far as the occurrence dated 30.4.2015 is
concerned, the allegation against the petitioner that she actively participated in the same is
not acceptable and since the petitioner is a young lady, taking into account the period of de
tention of the petitioner in judicial custody, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and placed the statement of o
ne Saraswati Behera who is an eye witness of the occurrence and staying in the adjacent hous
e of the deceased and he has also placed the statement of the daughter of the deceased namely
Anu Bag and also placed the post mortem report which indicates that the cause of death was on
account of strangulation and mode of death is asphyxia.
Considering the submissions made by the learned counsel for the respective par
ties, nature of accusation against the petitioner, the age of the petitioner and the period o
f detention of the petitioner in judicial custody as well as the fact that the petitioner is
a lady, keeping in view the proviso to Section 437(1) Cr.P.C., I am of the opinion that it is
a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid
case on furnishing a bail bond of Rs. 20,000/-(Rupees twenty thousand) with two solvent suret
ies each for the like amount to the satisfaction of the learned Court in seisin over the matte
r with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Sahoo, J.
2
2
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 302/201/34 IPC.
1 provisions across 1 enactments
Petitioner
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court