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Dula Madi vs State Of Odisha

Orissa High Court · Decided on 14 July 2023 · Citation: (2023) 07 OHC CK 0105

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 302, 304II
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2723 Of 2023
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Judgment

10 paragraphs · 367 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Podia P.S. Case No. 43 of 2022 corresponding to C.T. Case No. 96 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable Under Section 302 of IPC, on the allegation of committing uxoricide.

3.

In the course of hearing of the bail application, Mr. B. Karna, learned counsel for the Petitioner submits that although there is allegation against the Petitioner for committing uxoricide, but the Petitioner has already been detained in custody since last one year and he has got one small child of 5 years in his house and the materials available on record do not disclose a case of 302 of IPC against the petitioner, rather at best a case U/S. 304-II of IPC can be said to have attracted against the Petitioner. On these grounds, learned counsel prays to grant bail to the Petitioner.

4.

On the other hand, Mr. S.S. Pradhan, learned AGA, by placing the statement of one Singa Madi submits that the Petitioner had made an extra judicial confession before the witness and the Petitioner was found to have killed his wife by throttling which fact is confirmed by the report of the Doctor conducting Autopsy over the dead body of the deceased. On these grounds, learned AGA prays to reject the bail application of the Petitioner.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the nature and strength of supporting materials available on record and taking into account the other circumstances on record in entirety including the opinion of the Doctor as to cause of death of the deceased in the Post Mortem Report, this Court is not inclined to grant bail to the Petitioner, when the trial is yet to commence.

Hence, the bail application of the petitioner stands rejected.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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