Allowed

Jerai Alda @ Jantu v. State of Odisha

Orissa HC10 Nov 2020BLAPL/5399/2020

Case brief

AI extract

What is this about?

In this bail application connected to a murder case, the Additional Sessions Judge granted bail to the petitioner. Despite the State not producing the case diary, the court released the petitioner on bail by furnishing a bond of Rs. 20,000 with sureties.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 20,000 with two local solvent sureties each for the like amount.

Jerai Alda @ Jantu Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No.5399 of 2020

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Jerai Alda @ Jantu … Petitioner

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-Versus-

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State of Odisha ... Opp. party

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10.11.2020 This matter is taken up through video conferencing.

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

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.24 of 2020 arising out of Jamda P.S. Case No.18 of 2019 pending in the Court of learned Additional Sessions Judge, Rairangpur for offence punishable under section 302 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Rairangpur which was rejected on 13.07.2020.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 09.05.2020 and he has been charge sheeted under section 302 of the Indian Penal Code and it is the prosecution case that the petitioner and his mother Kunti Alda (deceased) quarreled with each other after taking liquor and the petitioner stated to have given slaps and pushed his mother as a result of which she fell down on a concrete slab and received injury and on the next day, she died. He further submitted that in view of the available materials on record, it cannot be said to be a case under section 302 of the Indian Penal Code and therefore, the

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bail application may be favourably considered.

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Learned counsel for the State sought for time due to non-availability of the case diary. It appears that this case was filed on 07.08.2020 and copy of the bail application was also served on the State and the matter was listed on 08.09.2020 and again on 23.09.2020 and on each date, time was granted to the State to produce the case diary. It is unfortunate that four months after receipt of the bail application copy and taking adjournments twice, the learned counsel for the State is not able to produce the case diary. Therefore, I am not inclined to grant further time to the State.

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Considering the submission of the learned counsel for the petitioner and after going through the F.I.R., the nature of accusation against the petitioner, background of the case and 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/(rupees twenty 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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The 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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Jerai Alda @ Jantu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jerai Alda @ Jantu 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

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Case details

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