New Delhi: The Supreme Court issued a notice to the state government seeking its response in a special leave petition filed by a tribal woman challenging the order of the Orissa High Court which had rejected her bail application.
A three-judge bench of the apex court comprising Justices NV Ramana, L Nageswara Rao and V Ramasubramanian issued a notice to the state government in response to a petition filed by Janani Mandal— the accused in the murder case of her husband’s first wife— for bail.
The counsel appearing for the petitioner, advocate Anupradha Singh, submitted in the court that the judgement of the Hight Court was contrary to facts and the law. The HC order did not assign any reason as to why the petitioner’s release is likely to expose her to ‘moral, physical and psychological danger’ and that her release may defeat the ends of justice.
The counsel also submitted that the HC erred in refusing bail to the petitioner as it defeats the object and reasons for which the Juvenile Justice Act has been enacted. Granting bail, in case of a juvenile, is a rule and refusal to grant bail is an exception.
The counsel further submitted that the HC failed to consider that the role assigned to the petitioner was on the basis of the 161 statements of witnesses which are almost identical, and therefore, is considered as ‘weak evidence’ and should not be heavily relied upon.
The petitioner, in the case, was charged for murder by the state police, September 20, 2018 in Gajapati district. It was alleged that the petitioner along with her husband killed her husband’s first wife, September 18, 2018.
The counsel for petitioner also stated in the petition that Mandal was 17 years old and was pregnant at the time of the offence.