Allowed

Sagir Uddin Khan @ Lala v. State of Odisha

Orissa HC9 Nov 2020BLAPL/3939/2020

Case brief

AI extract

What is this about?

This bail application was allowed. The High Court exercised its inherent power to grant bail to the petitioner, a husband accused of offences under IPC sections 498-A, 304-B, and 306, considering the circumstances of the deceased's death and the period of detention.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the same amount.

Sagir Uddin Khan @ Lala Vs State of Odisha — Domestic Violence | Orissa HC (2020)

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BLAPL No. 3939 of 2020

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Sagir Uddin Khan @ Lala … Petitioner

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-VersusState of Odisha ... Opp. party

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09.11.2020 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 Kissannagar P.S. Case No. 57 of 2020 corresponding to G.R. Case No. 882 of 2020 pending in the Court of learned J.M.F.C.(Rural), Cuttack for offences punishable under sections 498-A/304-B/306/34 of the Indian Penal Code read with section 4 of the D.P. Act.

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The petitioner moved an application for bail before the learned Sessions Judge, Cuttack, which was rejected on 04.06.2020.

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Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Sajeda Parween and he is in judicial custody since 24.04.2020 and he has been charge sheeted under sections 498-A/304-B/306/34 of the Indian Penal Code read with section 4 of D.P. Act. It is further contended that the marriage between the petitioner and the deceased was solemnized on 18.12.2019 and the

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deceased consumed poison on 15.04.2020 on account of domestic quarrel and she was immediately shifted to the hospital by the in-laws’ family members and while undergoing treatment, she expired on 22.04.2020 and the post mortem report indicates that it is a case of poisoning and no external injury was noticed on the person of the deceased. It is further submitted that the allegation against the petitioner and his family members are omnibus in nature 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 and placed the statement of the father of the deceased namely Jalil Khan and also the post mortem report.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding circumstances under which the deceased died, the conduct of the petitioner and his family members in shifting the deceased to the hospital after she consumed poison and the post mortem report findings and further 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 a bail bond of Rs.20,000/-

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(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.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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RKM

Sagir Uddin Khan @ Lala v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sagir Uddin Khan @ Lala 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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