Jyotshnarani @ Jyotshna Mayee Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9378 of 2022 Jyotshnarani @ Jyotshna Mayee Mohapatra ....

Petitioner Mr. R.C. Maharana, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.10.2022 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 C.T. Case No.1989 of 2022, pending in the file of learned S.D.J.M., Bhubaneswar, arising out of Bharatpur P.S. Case No.112 of 2022, offence under Sections 395/412/414/214(A) of IPC read with Section 25/27/35 of Arms Act and is in custody since 19.07.2022.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda atBhubaneswar by order dated 12.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner has been remanded in this case on 19.07.2022. It is further submitted on instruction that though the petitioner is innocent but she is made to suffer because her son is involved in

criminal cases and she is being implicated in a routine manner in the present case, hence he seeks release of the petitioner. 6.

Learned counsel for the State opposes the prayer inter alia on the ground that the petitioner has five antecedents. 7.

It is apt to note here that in the order of rejection the learned Court has noted that the petitioner is involved in 23 criminal cases of similar nature.

8.

On this aspect learned counsel for the State was requested to obtain instruction.

9.

On instruction learned counsel for the State submits that the petitioner is involved five criminal cases as already noted. 10.

Taking into account the petitioner is a lady and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

11.

Additionally it is directed that she shall appear before the jurisdictional police station once every week till conclusion of trial. First date and time of such appearance shall be fixed by the learned Court in seisin over the matter keeping in mind that the petitioner is a lady.

12.

Accordingly, the BLAPL stands disposed of.

13.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi