The Orissa High Court allowed bail to the petitioner, Dambaru Munda, who is a UTP alleged in a S.C. case and suffers from mental illness requiring treatment with Olanzepine.
The petitioner Dambaru Munda is to be released on bail on terms and conditions to be fixed by the learned Court below.
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.10078 of 2023
Dambaru Munda
Petitioner Ms.Kaberi Mohanty, Advocate
vs.
State of Odisha ... Opposite Party Ms.S.Mishra, ASC
CORAM:
JUSTICE SAVITRI RATHO
ORDER
07.12.2023
Order No.
(Through hybrid mode)
regarding the present health condition of the UTP-Dambaru Munda (present petitioner) is produced by Ms.S.Mishra, learned Addl. Standing Counsel.
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Sessions Judge, Patnagarh as S.C. Case No.03 of 2019.
1.25 a.m. one Ramesh Munda submitted FIR stating that he has received information that on 25.09.2018 his relative Narayan Munda was lying near Bhatishalpada river in wounded condition having sustained bleeding injury on his head. He shifted him to SDH, Patnagarh where the doctor declared him dead on 25.9.2018. Hence, on the basis of his FIR, the case was registered against the unknown persons. During course of investigation, the petitioner has been arrested and he has confessed before the police to have assaulted Narayan Munda and on the basis of the statement recorded under Section 27 of the Indian Evidence Act, he led the police to recovery of the weapon of offence, a hellow iron pipe stained with blood and one Micromax mobile.
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prayer for bail stating that since incriminating materials are available against the petitioner and he has led to the police for discovery of weapon of offence, he should not be released on bail. She further submits that the petitioner is being given treatment in jail and his present health condition indicates that no active Psychotic symptoms was found on him.
is extracted below:
“ ………. On mental status examination on dated 06.12.2023 at around 11.40 AM. Patient doesn’t have active Psychotic symptoms. Patient has been on treatment with Tab. Olanzepine (05 mg), one tablet in the evening and maintaining well. This treatment need to be continued for the maintenance and to prevent further episode. He may also be followed up by Psychiatrist periodically to modify further course of treatment as required.”
instruction regarding the treatment has been given to the petitioner, no document has been produced by the Superintendent, Sub Jail, Patnagarh. The report of the Assistant Professor, Department of Psychiatry, BBMCH, Bolangir reveals that the petitioner takes Olanzepine (5 mg) in the evening.
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application.
………………………...
(SAVITRI RATHO)
JUDGE
Bichi
Signature Not Verified
Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 08-Dec-2023 17:54:02
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3 issues framed by the court
Whether the petitioner suffering from mental illness should be released on bail despite pending proceedings.
Whether the petitioner has been properly treated in custody given the medical reports.
What are the appropriate conditions for granting bail in this specific case.
2 provisions across 2 enactments
Dambaru Munda
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
