Allowed

Subash Mandal @ Subash Chandra Mandal v. State of Odisha

Orissa HC7 Sept 2020BLAPL/1129/2020

Case brief

AI extract

What is this about?

In an application under section 439 Cr.P.C., the Single Judge at Cuttack granted bail to the petitioner, who had been detained since May 2019, in a murder and dowry death case where the husband was considered to have played the main role.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties for the same amount.

Subash Mandal @ Subash Chandra Mandal Vs State of Odisha — Domestic Violence | Orissa HC (2020)

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BLAPL No. 1129 of 2020

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SUBASH MANDAL @ SUBASH … PETITIONER CHANDRA MANDAL

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

07.09.2020 The matter is taken up through Video Conferencing.

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

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bhograi P.S.Case No. 86 of 2019 corresponding to S.T. Case No. 02/251 of 2020/2019 pending in the Court of learned 2^nd Addl. Sessions Judge, Balasore for offences punishable under sections 498-A, 304-B, 302/34 of the Indian Penal Code and section 4 of the D.P. Act.

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The petitioner moved an application for bail before the learned 2^nd Addl. Sessions Judge, Balasore, which was rejected on 24.01.2020.

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Learned counsel for the petitioner submitted that the petitioner happens to be the younger brother-in-law of the deceased Sumitra Mandal and he is in judicial custody since 19.05.2019 and he has been charge sheeted under sections 498-A, 304-B, 302/34 of the Indian Penal Code and section 4 of the D.P. Act. It is further submitted that the deceased married to the brother of the petitioner in the year 2015 and she was

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having a son out of the wedlock. It is further submitted that on the date of occurrence i.e. on 18.05.2019, the deceased had taken her son to Anganwadi Centre and after she returned, she gave food to her son to eat but since he did not take it, the deceased got angry and beat her son, to which the petitioner and the husband of the deceased opposed and quarreled with her and during such quarrel, the husband of the deceased pressed her neck with a saree and subsequently, the deceased was shifted to the hospital, where she was declared dead. Learned counsel further submitted that there is no clinching material against the petitioner and as per the investigation, the main role has been attributed against the husband of the deceased and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, produced the case diary, opposed the prayer for bail and submitted that the cause of death was on account of strangulation and she died while she was staying in her in-law’s house. The statements of Jhadeswar Mandal as well as Bhagirathi Mandal indicate about the torture to the deceased by her husband and the petitioner. He further submitted that there are materials on record to show that the husband of the deceased was demanding a sum of Rs.50,000/-.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, surrounding circumstances under which

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the crime has been committed and since the main role has been attributed against the husband of the deceased, taking into account 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.50,000/(rupees fifty thousand) with two local 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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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Subash Mandal @ Subash Chandra Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Mandal @ Subash Chandra Mandal 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

Coram

Case details

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