Single judge order granting bail under section 439 Cr.P.C. to the husband of a deceased in a case alleging offences under sections 498-A and 306 IPC by considering the nature of accusation and detention period.
Petitioner released on bail upon furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 464 of 2019
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with G.R. Case No.363 of 2017 arising out of Aul P.S. Case No.170 of 2017 pending in the Court of learned J.M.F.C., Aul for alleged commission of offences punishable under sections 498-A/306 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of Asst. Sessions Judge, Pattamundai which was rejected on 10.01.2019.
Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Runa Malik and in the meantime, charge sheet has been submitted under sections 498-A/306 of the Indian Penal Code and the occurrence in question took place on 19.09.2017 and the cause of death of the deceased was on account of poisoning and no external injury was noticed on her person as per the post mortem report. It is further submitted that there is no clinching material relating to the physical or mental torture given to the deceased by the petitioner rather it indicates that there was love affair between the petitioner and the deceased and they were staying with together in the relation’s house of the petitioner. It is further submitted that the petitioner earlier approached this Court in an application under section 438 of Cr.P.C. vide ABLAPL No.12594 of 2018 which was disposed of on 17.12.2018 and as per the direction in the said case, he surrendered on 03.01.2019 and therefore, taking into account the period of
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detention of the petitioner in judicial custody, the bail application may be favourably considered.
Learned counsel for the State has produced the case diary and placed statement of mother of the deceased namely Sabitri Malik. He further submitted that there is no material that the petitioner married the deceased rather it is a case of kidnapping.
Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, the surrounding circumstances under which the deceased committed suicide and taking into account the post mortem report finding as well as the period of detention of the petitioner in judicial custody, 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 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.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether the petitioner is entitled to bail in a case u/s 498-A/306 IPC involving alleged cruelty causing suicide.
1 provisions across 1 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
