Single Judge granted bail to the petitioner, husband of deceased, in a case involving dowry death. Court considered economic conditions and pandemic situation in exercising discretion under Section 439 Cr.P.C.
Petitioner released on bail upon furnishing bail bond fixed by lower court subject to other just and proper conditions.
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BLAPL No.4975 of 2020
This application under Section 439 Cr.P.C. has been made on 17.07.2020 by the petitioner in connection with Paradeep Lock P.S. Case No.65 of 2020 corresponding to G.R. Case No.278 of 2020 for the offence under Sections 498(A)/304(B)/306/34 of the IPC read with Section 4 of D.P. Act pending in the court of learned JMFC(P), Kujang.
Heard Mr. P. Mohapatra, learned counsel for the petitioner and learned Addl. Standing Counsel.
As submitted and found from record that F.I.R. was registered U/s.498(A)/302/304(B)/34 of the IPC read with Section 4 of D.P. Act on 27.03.2020 at 9.30 P.M. at Paradeep Lock police station. This accused was arrested and kept in custody on 29.03.2020. Charge-sheet has been filed on 2.7.2020 U/s. 498(A)/304(B)/306 of the IPC against the present petitioner who happens to be the husband of the deceased. It is also fact that marriage took place on 19.05.2019 and alleged incident occurred in the day time at 11 A.M. on 27.03.2020 and inquest was conducted on the next day i.e. 28.03.2020.
In the above background, learned counsel for the petitioner submits that the immediate cause of hanging by deceased was altercation between the husband and wife in the morning after which the present petitioner left to the paddy field and after return at about 11 A.M. in presence of others broke open the door bolted from inside and found the deceased hanging from the fan. He further submits
RJ
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that the demand as alleged was made by the family members and not by the petitioner.
As per the post-mortem report contended by the learned Addl. Standing Counsel that death was due to asphyxia due to ante-mortem hanging.
Keeping the above facts in view as well as the economic condition of the petitioner that he is a farmer and present pandemic situation, I am inclined to extend the benefit of 439 Cr.P.C. to the petitioner.
Hence, it is ordered that the petitioner namely Papu @ Papuna Kumar Panda be released on bail on furnishing bail bond to be fixed by the learned court in seisin over the matter in the aforesaid case, subject to other conditions as deemed just and proper by the learned court below.
The bail application is accordingly disposed of.
Parties may access copy of this order in Court’s official website and utilize the same as per the Notice No.4587 dtd.25.03.2020 and Notice dtd.15.04.2020 issued by the Registrar General of this Court. Copies of the aforesaid notices are available in Court’s Official Website.
Dr. A.K. Mishra, J.
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2 issues framed by the court
Whether bail should be granted to the petitioner, husband of deceased, under Section 439 Cr.P.C. given the unusual circumstances of the case.
Whether Article 21 considerations and economic conditions justify granting bail in cases involving offences under Sections 498A/304B IPC.
3 provisions across 3 enactments
Papu @ Papuna Kumar Panda
State
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
