Jamini Padhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8782 of 2022 Jamini Padhan and another ....

Petitioners Mr. S. Padhee, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in G.R. Case No.3013 of 2022 pending in the file of learned S.D.J.M. Sambalpur, arising out of Sasan P.S. Case No.188 of 2022, offence under Sections 306/420/34 of IPC and is in custody since 03.08.2022. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Sambalpur by order dated 30.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that the allegations are primarily against the husband of the petitioner No.1 and brother of petitioner No.2. 6.

It is borne out from the record that when the deceased asked for payment of the outstanding amount the present petitioners along with husband harassed the deceased and threatened him to

lodge a false case against him. Not being able to sustain such pressure the deceased committed suicide.

7.

It is submitted by the learned counsel for the petitioners that the allegation is against the husband of Petitioner No.1 they have only been roped in because of their relationship with them. 8.

Learned counsel for the State opposes the prayer for bail on the basis of materials on record and submits that these two petitioner threatened the deceased that being ladies they will entangle him in false case for which the deceased committed suicide.

9.

Taking into account the period of custody and that the petitioners are ladies and keeping in view the Proviso to Section 437 (1) of the Cr.P.C.,this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

10.

Additionally it is directed that they shall appear before the I.O. on once a week between to 11 A.M. to 1 P.M. First date of such appearance to be fixed by the learned Court in seisin over the matter.

11.

Accordingly, the BLAPL stands disposed of.

12.

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