Jalandhar Das v. State of Orissa
Case brief
What is this about?
Court granted bail in a bail application under Section 439 Cr.P.C. involving offences under sections 498A, 302, 304(B) IPC. The release was ordered due to the petitioner's long custody and delay in trial despite the charge not being framed.
What did the court decide?
The petitioner was released on bail on furnishing a bond of Rs.20,000/- with solvent sureties.
What the court decided
A compact analysis
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BLAPL No. 8479 of 2017
07. 20.02.2019
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 Kodala P.S.Case No. 276 of 2015 corresponding to S.T. Case No. 166 of 2016 pending in the file of learned Additional Sessions Judge, Chatrapur-Ganjam for alleged commission of offence under sections 498(A), 302, 304(B)/34 of the Indian Penal Code read with section 4 of the D.P. Act.
The petitioner moved an application for bail before the court of learned Additional Sessions Judge, Chatrapur, which was rejected on 23.10.2017.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 24.09.2015 and the report of the learned trial Court which indicates that the charge could not be framed due to non-availability of the material objects as well as the C.E. report and in view of the delay in disposal of the trial, I am inclined to release the petitioner on bail.
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.
The BLAPL is accordingly disposed of.
Issues for consideration
2 issues framed by the court
Whether bail can be granted in an IPC trial case involving sections 498A, 302, 304(B), and 34.
Whether delay in framing of charges and disposal of trial justifies release on bail.
Parties & counsel
- petitioner
Kodala P.
- respondent
The State
Coram
S. K. Sahoo
Case details
As recorded by the court registry
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