Allowed

Shyam Mirdha v. State of Odisha

Orissa HC22 Apr 2019BLAPL/1350/2019

Case brief

AI extract

What is this about?

The Special Judge allowed a bail application filed by the nephew and brother-in-law of the deceased in a case involving homicide and suicide under sections 498-A, 306, 201, and 34 IPC. The court granted bail considering the length of detention and the absence of material linking the petitioners to abetment.

What did the court decide?

The petitioners were released on bail upon furnishing a bond of Rs. 50,000 each with two local solvent sureties.

Shyam Mirdha Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

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BLAPL No. 1350 of 2019

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22.04.2019 Heard learned counsel for the petitioners and the learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.3217 of 2018 arising out of Jujumura P.S. Case No.141 of 2018 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offences punishable under sections 498-A/306/201/34 of the Indian Penal Code.

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The petitioners moved an application for bail before the Court of S.D.J.M., Sambalpur which was rejected on 18.01.2019.

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Learned counsel for the petitioners submitted that the petitioner no.1 is the nephew and petitioner no.2 is the younger brother-in-law of the deceased Sajani @ Sarojini Mirdha and they are in judicial custody since 18.01.2019 and in the meantime, charge sheet has been submitted under sections 498-A/306/201/34 of the Indian Penal Code. He further submitted that the marriage between the petitioner no.1 and the deceased was solemnized thirty years prior to the date of occurrence and the deceased was found missing from the house since 28.09.2018 and ultimately her dead body was found in a tank inside the jungle. It is the prosecution case that without intimating the family members of the deceased of her paternal side, the petitioners along with the help of the co-villagers cremated the dead body. He further submitted that there is no material relating to abetment of commission of suicide against the petitioners and two of the co-accused persons namely Chintamani Mirdha and Sunil Mirdha who are the husband and son of the deceased

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have been released on bail by this Court in BLAPL No.1489 of 2019 vide order dated 19.03.2019 and therefore, taking into account the period of detention of the petitioners in judicial custody, the bail application may be favourably considered. He files the copy of the bail order which is taken on record.

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Learned counsel for the State has produced the case diary and placed the statement of Padmini Mirdha who is the informant as well as the sister of the deceased. He does not dispute that the petitioners are similarly situated like the coaccused persons who have been enlarged on bail.

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skb

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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioners and absence of any clinching material relating to abetment of commission of suicide against the petitioners as well as taking into account release of the coaccused persons on bail and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Shyam Mirdha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shyam Mirdha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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