Allowed

Manika@Jyotsnarani Sandha v. State of Odisha

Orissa HC3 Apr 2019BLAPL/2322/2019

Case brief

AI extract

What is this about?

The single judge disposed of a bail application filed under Section 439 Cr.P.C. The petitioner, a female accused in mindless murder charges, had been in custody while similarly situated co-accused were released. Considering the proviso to Section 437(1) Cr.P.C. and co-accused grants, bail was granted.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.20,000 with two local sureties for like amount.

Manika@Jyotsnarani Sandha Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No.2322 of 2019

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

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Learned counsel for the petitioner files a memo indicating therein that in the meantime, the case has already been committed to the Court of Session and it is now pending before the learned 1^st Addl. Sessions Judge, Khurda in S.T. Case No.37 of 2019.

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This is an application under section 439 Cr.P.C. in connection with S.T. Case No.37 of 2019 arising out of Tangi P.S. Case No.201 of 2017 pending in the Court of learned 1^st Addl. Sessions Judge, Khurda for alleged commission of offences punishable under sections 120B/302/506/341/201/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Khurda which was rejected on 27.02.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 14.02.2019 and similarly situated co-accused persons have been granted bail in BLAPL No.6659 of 2017 and BLAPL No.6660 of 2017 vide order dated 01.12.2017, copies of which are filed and taken on record. He further submitted that the petitioner is a lady and in view the proviso to section 437(1) Cr.P.C. the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the case diary and he has not disputed that the petitioner is similarly situated like the co-accused persons who have been

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granted on bail.

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Considering the submissions of learned counsels for the respective parties, the nature of accusation against the petitioner, release of the co-accused persons on bail, the period of detention of the petitioner in judicial custody and taking into account the proviso to section 437(1) Cr.P.C., I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two local 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.

Manika@Jyotsnarani Sandha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manika@Jyotsnarani Sandha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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