Apa @ Suresh Chandra Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12389 of 2022 Apa @ Suresh Chandra Sahoo ....

Petitioner Mr. P.K. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Pattnaik, AGA

CORAM:

JUSTICE G. SATAPATHY

ORDER

21.12.2022 Order No.

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 G.R. Case No.389 of 2022 arising out of Gania P.S. Case No.81 of 2022 pending in the file of learned J.M.F.C., Daspalla for commission of offences punishable under Sections 498(A)/302/304(B)/34 of IPC read with Section 4 of D.P. Act, on the allegation of committing murder and dowry death of the deceased by subjecting her to torture and cruelty for demand of dowry.

3.

In the course of hearing of the bail application, Mr. P.K. Mishra, learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and he has been detained in custody since 08.10.2022, but the petitioner has been falsely implicated in this case and the Post Mortem Report reveals the

cause of death to be on account of suicidal hanging and, therefore, the petitioner having not prima facie found involved in this case may kindly be granted bail.

4.

On the contrary, Mr. P.K. Pattnaik, learned AGA vehemently opposes the bail application of the petitioner. 5.

Considering the rival submissions made, taking into consideration the nature and gravity of the accusations raised against the petitioner as well as the other surrounding circumstance including the pre trial detention of the petitioner as also the advanced age of the petitioner and his status as father-in-law of the deceased and keeping in view the other circumstance on record in entirety, 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 his attendance is dispensed with and that he shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and that the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 12 Noon to 1 PM. for six(6) months. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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