Allowed

Jakrias Markey@Jakriyas Markey v. State of Odisha

Orissa HC16 Apr 2019BLAPL/2408/2019

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C. in a section 498(A) and 302 IPC case, the High Court, considering the length of judicial custody, progress of trial, and local legal challenges, granted bail subject to a bond and sureties.

What did the court decide?

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

Jakrias Markey@Jakriyas Markey Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2019)

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BLAPL No. 2408 of 2019

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16.04.2019 Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Kutra P.S. Case No.33 of 2016 corresponding to S.T. Case No.93 of 2016 pending in the file of learned Sessions Judge, Sundargarh for alleged commission of offences under sections 498(A) and 302 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Sundargarh vide order dated 25.02.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.05.2016 and it is the prosecution case that in the midnight when the petitioner asked the deceased, who is his wife for soaked rice to eat, in that connection, there was quarrel between the couple and the petitioner assaulted the deceased. He further submitted that, in the meantime, the trial has substantially progressed and there is no chance of absconding of the petitioner or tampering with the evidence and at present, the local lawyers at Sundargarh are not cooperating with the trial of the cases and therefore, the bail application may be favourably considered. Learned counsel for the petitioner has filed the certified copies of depositions of the witnesses, which are taken on record.

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Learned counsel for the State has produced the case diary and placed the post mortem report, which indicates that the cause of death of the deceased account of intracranial hemorrhage due to assault. It reveals that the deceased has sustained number of injuries on her person. Learned counsel for the State also placed the evidence of P.W.2 Albina Kerketta, who stated to have heard the shout of the petitioner as well as the deceased in the night in question. However, P.W.2 has stated that she has not seen the petitioner assaulting the deceased in that night.

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Considering the submissions made by the learned counsel for the respective parties, the relationship between the parties, the

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background of the case, the period of detention of the petitioner in judicial custody, the progress of the trial and the present situation which is prevailing in the Courts at Sundargarh, 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 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.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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RKM

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��..�� S.K.Sahoo,J.

Jakrias Markey@Jakriyas Markey v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jakrias Markey@Jakriyas Markey v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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