Allowed

Kalia@Susant Sahoo v. State of Odisha

Orissa HC19 Nov 2018BLAPL/5891/2018

Case brief

AI extract

What is this about?

An application for bail under Section 439 CrPC was filed by an accused in a matrimonial offence involving allegations of assault and putative suicide. The charges on 302/304B IPC were omitted, and the cause of death suggested suicide. The single judge granted bail.

What did the court decide?

The petitioner was directed to be released on bail with terms and conditions to be framed by the court in seisin of the case.

Kalia@Susant Sahoo Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2018)

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BLAPL No.5891 of 2018

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19.11.2018 The petitioner, being in custody in Banarpal P.S. Case No.57 of 2018 corresponding to G.R. Case No.492 of 2018 pending in the court of the learned S.D.J.M., Angul for the alleged commission of offence under section 498-A/302/304B/34 of I.P.C. read with section 4 of D.P. Act, has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that finally in the charge-sheet, the offence under section 302/304-B of IPC have been omitted and instead, the petitioner has been placed for trial for alleged commission of offence under Section 498-A/306/34 of IPC read with section 4 of D.P. Act. He further submits that as against the allegation that the petitioner and others having seriously assaulted, the deceased had thrown her inside the well, the doctor, during post mortem examination, has not found any such external injuries in support of the said fact and only one abrasion has been found on the left elbow, which is rather consistent with the case of the defence that the deceased had jumped into the well and committed the suicide. He further submits that although the final opinion as to the cause of death has been kept reserved till receipt of examination report, in the absence of appearance of any injury on the facial part or the buccal cavity, the forcible administration of poison, at the instance of this petitioner, and others, is ruled out.

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Learned State Counsel does not dispute the fact as to the cause of death as has been opined by the doctor conducting the autopsy.

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Considering the submissions made and on going through the materials available on record; further keeping in

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view the nature of accusation against the petitioner as well as the surrounding circumstances including the period of detention of the petitioner in custody, in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with a further condition that he will appear before the said court on each date of posting.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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…………………..

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D. Dash,J.

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Basu

Kalia@Susant Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kalia@Susant Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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