Allowed

Keshab Chandra Biswal v. State of Odisha

Orissa HC3 Jul 2019BLAPL/1112/2019

Case brief

AI extract

What is this about?

This court granted bail to the petitioner in a matrimonial dispute case involving offences under sections 341, 326, and 307 of the IPC. The court considered the health status of victims and the period of detention before releasing the petitioner on a bail bond with conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.

Keshab Chandra Biswal Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2019)

¶1

BLAPL No. 1112 of 2019

¶2

03.07.2019 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

¶3

This is an application under Section 439, Cr.P.C. in connection with Chauliaganj P.S. Case No.323 of 2018 corresponding to G.R. Case No.2491 of 2018 pending on the file of learned S.D.J.M.(S), Cuttack for alleged commission of offences under sections 341/326/307 of the Indian Penal Code.

¶4

The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Cuttack, which was rejected on 28.01.2019.

¶5

It is stated by the learned counsel for the petitioner that the case arises out of a matrimonial dispute and the petitioner is in judicial custody since 28.12.2018 and he has been charge sheeted under sections 341/326/307 of the Indian Penal Code. Learned counsel for the petitioner further submitted that both the victims, who are the wife and son of the petitioner, have already been discharged from the hospital and they are quite hale and hearty and attending ordinary pursuits and therefore, the bail application of the petitioner may be favourably considered.

¶6

Learned counsel for the State has produced the case diary, placed the statements of the witnesses as well as the injury reports which show that each of the injured has sustained one grievous injury on the head.

¶7

Learned counsel for the informant submitted that a maintenance case is also pending between the petitioner and his wife and till date, no maintenance has been given to the wife by the petitioner. She further submitted that the health condition of the wife of the petitioner is still not sound.

¶8

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the relationship between the parties and the fact that the case arises out of a matrimonial dispute and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

¶9

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 sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to condition that the petitioner shall not try to tamper with the evidence and he shall also appear before the learned trial Court on each date when the case would be posted for trial.

¶10

Violation of any of the terms and conditions shall entail cancellation of bail.

¶11

The BLAPL is accordingly disposed of.

¶12

Issue urgent certified copy as per Rules.

¶13

S.K.Sahoo,J.

¶14

RKM

Keshab Chandra Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Keshab Chandra Biswal 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

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