Nabin Mahakul Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T.(S) Case No.202 of 2023 pending in the file of learned Additional Sessions Judge, Talcher corresponding to Pallahara P.S. Case No.134 of 2023 on the grounds stated therein.

¶17

Mr. Routray, learned counsel for the petitioner submits that the deceased was the grandfather of the petitioner and he alleged to have ill-treated the latter’s wife, as a result of which, the incident took place. It is further submitted that the petitioner committed the overt act without any pre-plan, as it happened on the spur of the moment and being outraged due to the conduct of the deceased towards his wife. It is lastly submitted that the petitioner, for having committed the alleged act under the circumstances narrated by the informant in the F.I.R. as at Annexure-1 and revealed from the chargesheet, a copy of which is made available in the Court by Mr. Routray, learned counsel appearing for him, his release should be directed on any terms and conditions as would be fixed by the Court.

¶18

Page 1 of 3

¶19

Mr. Mohanty, learned ASC for the State, on the other hand, objects to release of the accused on bail since he is responsible for the alleged occurrence. The copies of the F.I.R. and other police papers including the P.M. Report of the deceased are made available to the Court by Mr. Mohanty, learned ASC for the State and the same are perused. It is submitted that the petitioner is since involved and hence, has been chargesheeted for an offence under Section 302 I.P.C., he, therefore, should not be enlarged on bail.

¶20

Perused the P.M. report of the deceased, which reveals that the death of the deceased was on account of crania-cerebral damage, as a result of injury being caused to the brain. From the F.I.R. as well as the materials on record including the chargesheet, it is made to understand that the petitioner assaulted the deceased by means of a stick and also an axe on to the latter’s head, which caused the fatal injury. The deceased has received one abrasion besides the fatal wound so revealed from the P.M. report. The claim of the informant as per the F.I.R. at Annexure-1 and the chargesheet stand corroborated by the P.M. report revealing the fact that the petitioner assaulted the deceased by means of an axe and in course of the events, he used a stick as well. The death of the deceased appears to be due to the injury received on his head with a blow by means of an axe. The circumstances under which the alleged incident has happened was described by the informant and other witnesses, whose statements have been recorded under Section 161 Cr.P.C. It is made to understand that the deceased at the relevant point of time was in drunken condition and as usual, was allegedly abusing the petitioner’s wife and at that time, the latter lost the control and suddenly out of anger picked up axe and assaulted the former and as a result of blow received on head, the death has taken place. It is made to suggest that suddenly, under a

¶21

Page 2 of 3

¶22

provocation, the petitioner lost his temper and with the help of the axe, he assaulted the deceased.

¶23

Considering the fact that the deceased was in a drunken condition and had abused the wife of the petitioner, under such circumstances, the petitioner apparently did the mischief and admittedly, caused injury to the former’s head, which has been proved to be fatal and the fact that the chargesheet is already filed and that he has remained in judicial custody from 23^rd May, 2023, recording the objection of Mr. Mohanty, learned ASC for the State but for the reasons narrated above, the Court is inclined to direct release of the accused on bail subject to stringent conditions.

¶24

7. Hence, it is ordered.

¶25

In the result, petition under Section 439 Cr.P.C stands allowed. Consequently, the petitioner is allowed to go on bail in connection with C.T.(S) Case No.202 of 2023 corresponding to Pallahara P.S. Case No.134 of 2023 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Talcher, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not influence any of the material witnesses to the case in any manner, whatsoever, while on bail.

¶26

9. The BLAPL is disposed of.

¶27

Urgent certified copy of this order be granted as per rules.

¶28

Signature Not Verified Digitally SignedSigned by: BALARAM BEHERA (R.K. Pattanaik) Reason: AuthenticationLocation: HIGH COURT OF ORISSA, Judge CU TTACK Date: 06-Jan-2025 10:30:29

¶29

Balaram

¶30

Page 3 of 3

Nabin Mahakul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nabin Mahakul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ayub Ali Laskar Vs State of Odisha

Mantu Bidika Vs State of Odisha

Rasmita Kanhar Vs State of Odisha

Chikun Sethi @ Sethy Vs State of Odisha

Ranjan Behera @ Bapi Vs State of Odisha

Sanjay Naik Vs State of Odisha