Padmabati Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4409 of 2022 Padmabati Mahanta ....

Petitioner Mr. B. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.07.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.2038 of 2021, on the files of learned S.D.J.M. Keonjhar, arising out of Pandapada P.S. Case No.121 of 2021, under Sections 365/302/120B/201/34 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Keonjhar, by order dated 09.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the State submits that in the meanwhile charge sheet has been submitted.

6.

Taking into account the submissions of the learned counsel for the petitioner that relies on the orders passed by this Court dated 11.04.2022 in BLAPL No.2013 of 2022 and seeks release inter alia on the ground of parity.

7.

Learned counsel for the State places reliance on the statement of co-accused Bhagirathi Mahanta and submits that the present petitioner is not similarly circumstanced with Lalit Kumar @ Patel Mahanta since being released.

8.

Considering that the petitioner is a lady and basis of implication is mostly in the nature of statement of co-accused and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter 9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi