Allowed

Akhaya Palai v. State of Orissa

Orissa HC12 Jan 2017ABLAPL/19180/2016

Case brief

AI extract

What is this about?

The court disposed of two bail applications arising from a dowry-cruelty and criminal case. It noted allegations of suicide and general accusations of supporting the deceased's husband. Directing that if petitioners surrender within fifteen days, they be released on bail upon terms deemed just by the seisin court.

What did the court decide?

Directs that petitioners be released on bail with terms as deemed just by the court if they surrender within fifteen days.

Akhaya Palai Vs State of Orissa — Dowry and Cruelty | Orissa HC (2017)

¶1

 ABLAPL No. 19180 of 2016

¶2

 ABLAPL No. 19180 and 19203 of 2016

¶3

3. 12.1.2017 Both the bail applications are taken up together for hearing a
nd for disposal by this common order as those arise out of Kuakhia P.S. Case No. 120 of 2016 c
orresponding to G.R. Case No. 777 of 2016 on the file of learned J.M.F.C., Chandikhole.
 The petitioners have been implicated for commission of alleged offence under S
ections 498-A/302/304-B/34 IPC.

¶4

 Learned counsel for the petitioners submits that in this case in the meantime
charge sheet has already been submitted for alleged commission of offence under sections 498-A
/306/406/34 IPC and the cause of death is on account of suicidal hanging. He further submits t
hat allegations being there with regard to torture against the husband of the deceased, he hav
ing been arrested is now in custody. According to him, the allegations in so far as these peti
tioners are concerned run in a general manner that they were supporting the husband of the dec
eased. It is his submission that no such specific role has been ascribed to these petitioners
pointing their complicity as regards commission of offence under section 306 IPC.
 Learend Addl. Standing Counsel is not in a position to refute that the allegat
ions against these petitioners with regard to torture run in a general manner that they were s
upporting the husband.

¶5

 Considering the submission, viewing the nature of accusations and other surrou
nding circumstances of the case, in the absence of any other impediment, it is directed that i
n the event the petitioners surrender before the court in seisin of the case within a period o
f fifteen days hence and move for their release on bail, they be released on bail on such term
s and conditions as would be deemed just and proper by the said court.

¶6

 The ABLAPLs stand disposed of.

¶7

 Issue urgent certified copy.

¶8

 .. D. Dash, J.

¶9

Aks

Akhaya Palai v. State of Orissa

Case brief

What is this about?

What did the court decide?

Akhaya Palai v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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