Manish Sa v. State of Odisha

BLAPL No. 1642 of 2019

1. 03.04.2019 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under Section 439, Cr.P.C. in connection with Jharsuguda P.S.Case No.811 of 2018 corresponding to G.R. Case No. 2382 of 2018 pending in the file of learned S.D.J.M., Jharsuguda for alleged commission of offences under sections 498-A, 306/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of Addl.Sessions Judge, Jharsuguda, which was rejected on 04.02.2019.

Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Gudia Kumari Sa and he is in judicial custody since 25.11.2018 and chargesheet under section 498-A, 306/34 of the Indian Penal Code has been submitted. He further submitted that the materials available on record indicate that on the date of occurrence, there was some quarrel between the husband and wife and after the petitioner left the house, the deceased locked the door of a room from inside and committed suicide by hanging herself from the ceiling of the roof and after the petitioner returned home, the asbestos roof was broke upon and she was shifted to the hospital, but the doctor declared her dead. He further submitted that the cause of death as per the post mortem report is asphyxia due to hanging and no other external injury except ligature mark was noticed around the neck of the deceased. He further submitted that there is no clinching material relating to the torture given by the

petitioner to the deceased or any abatement in that respect and therefore, the bail application may be favourably considered. He files the certified copy of the charge-sheet, which is taken on record.

Learned counsel for the State on the other hand produced the case diary and placed the statement of Manika Sa, who is the younger sister of the deceased.