Single judge order granting bail to petitioner under Section 439 Cr.P.C. in matrimonial offence case where he was in judicial custody after charge sheet submission.
Released on bail with bond and two sureties to be submitted to the satisfaction of the Court.
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BLAPL No. 1428 of 2020
Madhusudan Bala … Petitioner -VersusState of Odisha … Opp. party
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.665 of 2019 arising out of Malkangiri P.S. Case No.262 of 2019 pending in the Court of learned S.D.J.M., Malkangiri for offences punishable under sections 498-A/323/506/494/307/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Malkangiri which was rejected on 21.11.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 24.10.2019 and charge sheet has already been submitted and the case arises out of a matrimonial dispute and the injuries are simple in nature and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
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. The BLAPL is accordingly disposed of. Urgent certified copy of this order is granted on proper application.
…………………..…… S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether the petitioner is eligible for release on bail in the I.P.C. case arising out of matrimonial dispute.
2 provisions across 2 enactments
Madhusudan Bala
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
