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Orissa High CourtBLAPL/2057/2022disposed off

Maina Sasmal v. State Of Odisha

2022-08-01Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2057 of 2022 Maina Sasmal ....

Petitioner Mr. P.K. Nayak (1), Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

Surrender certificate has been filed in Court today indicating that the petitioner has surrendered in custody on 30.07.2022 after expiry of the period of interim bail, the same be kept on record. 4.

The petitioner is in custody in connection with Satyabadi P.S. Case No.397 of 2021 corresponding to G.R. Case No.3115 of 2021 pending in the Court of learned S.D.J.M., Puri for the alleged commission of offence under Sections 498-A/304-B/302/34 of IPC read with Section 4 of DP Act.

5.

The petitioner is the mother-in-law of the deceased, who is said to have been subjected to physical and mental cruelty by her in-laws including the petitioner and her husband in connection with demand for dowry. There was no eye-witness to the occurrence. The post mortem examination report does not reveal any external injury on the body of the deceased. Police has submitted charge sheet deleting the offence under Section 302 IPC. The allegation levelled against the petitioner appears to be omnibus in nature.

6.

Considering the above facts, as also taking into account the period of detention of the petitioner in custody and the fact that charge sheet has already been submitted, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that she shall personally appear before the trial Court on each date of posting of the case without fail.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana