Allowed

manjulata malik v. State of Odisha

Orissa HC1 Nov 2018BLAPL/5454/2018

Case brief

AI extract

What is this about?

In a bail application filed in a criminal trial for alleged commission of offences under the IPC, the court granted bail to the petitioner, a married woman, considering the period of detention and surrounding circumstances despite an earlier order rejecting bail.

What did the court decide?

Release of the petitioner on bail in the said case on such terms and conditions as would be deemed just and proper by the court.

manjulata malik Vs State of Odisha — Cheating and Forgery | Orissa HC (2018)

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BLAPL No. 5454 of 2018

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01.11.2018 The petitioner being in custody in C.T. Case No.610 of 2018 arising out of Soro P.S. Case No.291 of 2018 pending trial in the court of learned J.M.F.C., Soro for alleged commission of offence under sections 341/342/ 323/325/326/307/506/34 IPC has filed this application under section 439 Cr.P.C. for his release on bail.

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Learned counsel for the petitioner is not present presumably, in view of the cease work call given by the Orissa High Court Bar Association.

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None is present on behalf of the State. No record in connection with the case has also been placed.

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An application filed by one Binod Malik who happens to be the husband of the petitioner along with the memo of the learned counsel for the petitioner expressing ‘no objection’ for the husband of the petitioner to move and do the needful in the matter, having been received by the Registry have been tagged to the case record. The copy of the birth certificate tagged to the record shows that the petitioner is having a male child of two years old. Binod Malik being present submits that his wife has been unnecessarily arraigned in the case and for her long detention in custody, now their two years male child is suffering being not able to tolerate the absence of his mother any more.

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Perusal of the FIR reveals that the daughter of the informant had married one Gajendra Malik, son of Uttam

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Kumar Malik and since the time of marriage, there was disturbance and the members of the two families were not pulling on well being not able to reconcile their earlier prevailing dispute concerning landed property. The allegation against the petitioner is that she joined other accused persons in assaulting the daughter of the informant. Careful reading being given to the order dated 26.07.2018 passed by the learned Asst. Sessions Judge, Soro in BLAPL No. 89 of 2018 shows that the main reason for rejection of the prayer for bail is infliction of grievous injury on the person of the injured and pendency of investigation.

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On going through the FIR averments as also on perusal of the order dated 26.7.2018 and further keeping in view the period of detention of the petitioner, twenty three years old married woman, having a two year old son as well as other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as would be deemed just and proper by the court in seisin of the case.

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This order be communicated forthwith.

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The BLAPL is accordingly disposed of.

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…………………….. D. Dash, J.

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Aks

manjulata malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

manjulata malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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