Disposed

Bidyadhar Sahoo v. State of Odisha

Orissa HC24 Nov 2020ABLAPL/3692/2020

Case brief

AI extract

What is this about?

An application for anticipatory bail was allowed indirectly. The court directed that if the petitioner surrenders within two weeks, he will be granted regular bail on terms deemed just by the J.M.F.C., noting the conflicting medical evidence regarding the cause of death.

What did the court decide?

Anticipatory bail not granted; conditional instruction to surrender within two weeks to avail of regular bail.

Bidyadhar Sahoo Vs State of Odisha — Anticipatory Bail | Orissa HC (2020)

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ABLAPL No.3692 of 2020

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24.11.2020

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The matter is taken up through video conferencing. The petitioner having been implicated in C.T. Case No.831 of 2019 arising out of Jajpur Road P.S. Case No. 181 of 2019 registered for alleged commission of offence under sections 302/34 IPC pending in the court of learned J.M.F.C., Jajpur Road has filed this application for grant of anticipatory bail.

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Learned counsel for the petitioner submits that this petitioner being the brother of the deceased has been implicated in the case on the allegation that he with other members of the family had assaulted the deceased sometime prior to the death. He further submits that the materials on record clearly reveal that the deceased was an insane and roaming here and there without doing any work. It is his submission that when it is said that this petitioner with other having assaulted the deceased have caused his death, the opinion of the doctor as to the cause of death is due to intake of poison. He further submits that in the meantime, mother of the deceased who happens to the mother-in-law of the petitioner having been arrested in the case has been released on bail. In view of all these above and in the absence of any other impediment, he urges for grant of anticipatory bail to the petitioner.

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Learned counsel for the State does not dispute the position with regard to the opinion of the doctor as to cause of death. He however submits that it is too premature a stage to conclude that the assault made by this petitioner and others had nothing to do with the death.

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Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the petitioner; it is directed that in the event the petitioner surrenders before the court in seisin of the case in the aforesaid case within two weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

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The ABLAPL is disposed of accordingly.

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……………..

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D. Dash,J.

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Aks

Bidyadhar Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bidyadhar Sahoo 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

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Case details

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