← Library
Orissa High CourtBLAPL/6848/2022disposed off

Saroj Majhi @ Kisan v. State Of Odisha

2022-11-25Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6848 of 2022 Saroj Majhi @ Kisan ....

Petitioner Mr. D. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.11.2022.

Order No.

07.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 19th August, 2021, in connection with Dharuadihi P.S.

Case No.118/2021 corresponding to G.R. Case No.1287/2021 pending in the court of learned Addl. Sessions Judge, Sundargarh for the alleged commission of the offence under Sections 498-A/304-B/306 of I.P.C. and Section 4 of the D.P.Act.

4. It is alleged that the Petitioner, who is the husband of the deceased, had instigated her to commit suicide. Such suicide is

// 2 // said to have been committed by the deceased supposedly by burning herself. This Court rejected the earlier BLAPL No.1550/2022 by order dated 14th March, 2022.

5. Considering the long period of detention of the Petitioner in custody without commencement of trial, I am inclined to take a lenient view in the matter by directing his release on interim bail for a period of four months. Let the Petitioner be released on bail for a period of four months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

6. After expiry of the aforesaid period of four months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

// 3 //