This application for bail under section 439 CrPC was disposed of as not pressed. A separate bail application in the same cause was allowed, granting release to elderly female petitioners in judicial custody pending trial for alleged rape offences.
Petitioners released on bail on furnishing a bond of Rs.20,000 each with two solvent sureties.
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BLAPL No. 460 of 2020
I.A. No.310 of 2020
1. Santi Mallick 2. Mula Mallick … Petitioners -Versus- State of Odisha … Opp. party
Accordingly, the I.A. is disposed of as not pressed.
…………………..……
S.K. Sahoo, J.
BLAPL No.460 of 2020
This is an application under section 439 Cr.P.C. in connection with Mahakalpara P.S. Case No.153 of 2019 corresponding to G.R. Case No. 1916 of 2019 pending on the file of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 376(2)(l)/376(2)(n)/109 of the Indian Penal Code.
The prayer for bail of the petitioners has been rejected by the learned Sessions Judge, Kendrapara vide order dated 03.01.2020.
Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 12.12.2019 and the main allegation
is against one Raju @ Rajendra Malik who has already been arrested in the meantime and the petitioners are aged ladies and keeping in view the proviso to section 437(1) of the Code of Criminal Procedure and on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) each 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. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether bail should be granted to elderly petitioners in a sexual offence case where the primary accused has been arrested.
Whether the proviso to section 437(1) CrPC warrants the release of aged female petitioners in judicial custody.
2 provisions across 1 enactments
Santi Mallick
Mula Mallick
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
