Allowed

Mahadev Harijan v. State of Orissa

Orissa HC4 Aug 2016BLAPL/2606/2016

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C. regarding offences under IPC 498-A, 494, and the Dowry Prohibition Act, the High Court considered the rejection of earlier bail and submitted affidavits. The court was inclined to release the petitioner, husband of the deceased, based on the nature of accusations and detention period.

What did the court decide?

The petitioner is released on bail on furnishing a bond of Rs.20,000.00 with two solvent sureties for the like amount.

This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.314 of 2016 arising out of Raigharh P.S. Case No.57 of 2016 pending in the Court of learned J.M.F.C., Umerkote for offences punishable under sections 498-A/494/313/109/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

The petitioner moved an application for bail before the learned Assistant Sess ions Judge, Umerkote which was rejected on 23.04.2016. Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he is in custody since 31.03.2016 and charge sheet has already been submit ted under sections 498-A/494/313/109/34 of the Indian Penal Code and section 4 of the Dowry Pr ohibition Act. In support of such contention, he files the copy of the FIR, charge sheet and o ther documents which are taken on record. Learned counsel further submits that the marriage be tween the petitioner and the deceased was solemnized three years prior to the lodging of the F IR and the deceased was pregnant and her pregnancy was terminated because of certain complicac ies and thereafter, she was under continuous treatment and died and thereafter, a false case h as been foisted against the petitioner.

Considering the submissions made by the learned counsels for the respective pa rties, nature of accusation against the petitioner, period of detention of the petitioner in j udicial custody as well as findings of the Investigating Officer in the charge sheet, I am inc lined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bai l bond 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.

Mahadev Harijan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Mahadev Harijan v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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