In this bail application under Section 439 Cr.P.C., the High Court of Orissa considered the petitioner's request for release in a murder case. Weighing the nature of the accusation, post-mortem findings, and detention period, the court inclined to grant bail.
Petitioner released on bail by furnishing a bond of Rs.50,000 with two local solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 484 of 2021
Tapan Mallik
…. Petitioner
Mr. D.K. Sahoo, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. D.K. Pani Addl. Standing Counsel
CORAM:
Order No.
JUSTICE S.K. SAHOO ORDER 03.08.2021
This is an application under section 439 of Cr.P.C. in connection with Marsaghai P.S. Case No.144 of 2020 corresponding to G.R. Case No.763 of 2020 pending in the Court of learned S.D.J.M., Kendrapara for the alleged commission of offences under sections 498-A/323/506/304-B/302/34 of the Indian Penal Code read with section 4 of the D.P. Act.
The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Kendrapara vide order dated 15.01.2021.
// 2 //
Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Mamali Mallick and he is in judicial custody since 16.06.2020 and he has been charge sheeted under sections 498-A/323/506/304-B/302/34 of the Indian Penal Code read with section 4 of the D.P. Act. It is further contended that the marriage between the petitioner and the deceased was a love marriage which was solemnized on 03.03.2020 and the incident in question took place on 13.06.2020. When the deceased consumed poison, she was immediately shifted to S.C.B. Medical College and Hospital, Cuttack by the in-laws family members of the deceased and while undergoing treatment at S.C.B. Medical, she died on 14.06.2020. He further submits that the viscera test report indicates that it was a case of ingestion of organo phosphorus poisoning and no external injury was noticed on the person of the deceased. He argued that there is no material on record to attract the ingredients of the offence under section 302 of the Indian Penal Code and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on the other hand produced the case diary and placed the statements of Padmanav Mallick, the neighbor of the petitioner and other witnesses.
Page 2 of 3
// 3 //
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 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.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty 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.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge
P
Page 3 of 3
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case involving 302 IPC and 304-B IPC charges.
1 provisions across 1 enactments
Tapan Mallik
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
