On a bail application under Section 439 CrPC regarding an assault case resulting in the deceased's death, the Court held that despite the petitioner's medical condition requiring treatment, the nature of the allegations precluded bail at that stage, dismissing the application.
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.10080 of 2023
Madan Sandh
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)
connection with Patnagarh P.S. Case No.157 of 2019 corresponding to G.R. Case No.529 of 2019, now pending in the file of the learned Addl. Sessions Judge, Patnagarh as S.C. Case No.01 of 2020.
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on the deceased. He alongwith the other villagers shifted the deceased to SDH, Patnagarh where he was declared dead.
below:
“With reference to the above cited letter on the subject, I am to submit here with the present mental health condition report of the U.T.P. namely Madan Sandha in PS Case No.157 of 2019 & GR Case No.529/2019. On mental status examination on dated 06.12.2023 at around 11.50 AM. Patient doesn’t have active affective symptoms present. Patient has been on treatment with Tab. Lithium (300 mg), one tablet at morning & two tablets in the
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evening, Tab. Olanzapine (5 mg) at night and Tab. Lorazepam (01mg) at night and maintaining well. The treatment need to be continued for the maintenance and to present further episode. He may also be followed up by Psychiatrist periodically to modify further course of treatment as required.”
as he is being given treatment, I am not inclined to release the petitioner on bail at this stage.
………………………...
(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 17:54:03
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2 issues framed by the court
Whether a mentally ill petitioner should be released on bail considering the nature of serious allegations and ongoing treatment.
Whether the petitioner's mental condition warrants granting bail in a case involving death by assault.
1 provisions across 1 enactments
Madan Sandha
State of Odisha
SAVITRI RATHO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
