Allowed

Sushil Sharma @ Susil @ Chinta Sharma v. State of Odisha

Orissa HC19 Jan 2021BLAPL/7/2021

Case brief

AI extract

What is this about?

This order grants bail to the petitioner implicated in a dowry prosecution resulting in the wife's suicide. Acknowledging the section 113-A presumption of culpability, the court finds no impediment to release and directs discharge on such terms as the case-in-charge may deem fit.

What did the court decide?

Release on bail in G.R. Case No. 305 of 2020 with such terms as deemed just and proper.

Sushil Sharma @ Susil @ Chinta Sharma Vs State of Odisha — Domestic Violence | Orissa HC (2021)

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BLAPL NO.7 OF 2021

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19.01.2021:

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The matter is taken up through video conferencing mode.

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The petitioner being in custody in connection with G.R. Case No. 305 of 2020 arising out of Aul P.S. Case No.140 of 2020 on the file of learned J.M.F.C., Aul charge sheeted under sections 498-A/306 IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that here the death is due to suicidal hanging and the petitioner being the husband of the deceased has been implicated in the case with the general allegation that he with others were demanding dowry and torturing the wife of the petitioner for non-fulfillment of the same since the death as above is within seven years of marriage. He submits that the post mortem report reveals that the deceased committed suicide. He also submits that the allegations against the petitioner with regard to demand and torture upon his wife for non-fulfillment of the same are all false and omnibus, without citation of any particular instance assigning any specific role to this petitioner therein. He contends that in the facts and circumstances, when there remains no scope on the part of the petitioner to flee from justice and tamper the evidence, his further detention in custody till conclusion of the trial would serve no useful purpose. He, therefore, urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move. According to him, on the face of the allegations as to exertion of cruelty by this petitioner from the time of marriage, the death having taken place within a period of seven years of

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marriage and not under normal circumstances; presumption available under section 113-A/113-B of the Evidence Act stands drawn as to the culpability of this petitioner.

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Taking into account the submissions made; further keeping in view the materials on record as those stand against the petitioner with other surrounding circumstances including the period of detention of the petitioner in custody and on going through the order passed by the learned Sessions Judge; in the absence of any such impediment; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case.

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The BLAPL is accordingly disposed.

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…………………….. D. Dash, J.

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Aks

Sushil Sharma @ Susil @ Chinta Sharma v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sushil Sharma @ Susil @ Chinta Sharma 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

Coram

Case details

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