Asha Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12013 of 2022 Asha Malik ....

Petitioner Mr. R.N. Rout, Advocate -versusState of Orissa ....

Opp. Party Mr. S.R. Roul, ASC

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

20.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No.410 of 2021 arising out of Soro P.S. Case No.192 of 2021 pending in the file of learned J.M.F.C., Soro for commission of offences punishable under Sections 498-A/304-B/306/507/294/34 of IPC read with Section 4 of D.P. Act. 3.

In the course of hearing of the bail application, Mr. R.N. Rout, learned counsel for the petitioner submits that co-accused-husband has already been granted bail by this Court in BLAPL No.4911 of 2021 and the petitioner being the mother-in-law of the deceased has been detained in custody since 11.11.2022 and, thereby, the petitioner may kindly be granted bail.

4.

On the contrary, Mr. S.R. Roul, learned ASC strongly opposes the bail application of the petitioner.

// 2 // 5.

Considering the rival submissions made, taking into consideration the nature and gravity of the accusations raised against the petitioner and keeping in view the release of co-accused-husband on bail and the status of the petitioner being the mother-in-law and she having been detained in custody since 11.11.2022, this Court admits the petitioner to bail.

6.

Hence, the prayer for the bail of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with and that she shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita