S.Jhumpi@ Pramila Readdy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11486 of 2021 S. Jhumpi @ Pramila Readdy ....

Petitioner M/s.H. Dash, Advocate -versusState of Orissa ....

Opp. Party M/s.D.Nayak, A.G.A.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

30.08.2022 02.

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 Kabisuryanagar P.S. Case No.387 of 2021 corresponding to G.R. Case No.374 of 2021 pending in the Court of learned J.M.F.C., Kabisuryanagar for commission of offence punishable U/Ss. 498(A)/304(B)/302/34 of I.P.C. along with 4 of D.P. Act. 3.

In the course of hearing of the bail application, learned counsel for the petitioner submits that the petitioner being the mother-in-law has no role in the alleged commission of crime and co-accused sister-in-law has already been released on bail and the petitioner being detained in custody since 12.10.2021 may kindly be enlarged on bail. 4.

On contrary, learned counsel for the State, however, does not dispute to the submission raised on behalf of the petitioner to the effect that the petitioner is the mother-in-law and co-accused has already been released on bail. Learned counsel for the State, however, strongly opposes the bail application of the petitioner on the ground that the petitioner being one of the perpetrator of the crime may not be released on bail. 5.

Considering the nature and gravity of allegations and keeping in view the pre-trial detention of the petitioner and taking into consideration release of the co-accused sister-in-law of the deceased on bail and the

// 2 // status of the present petitioner being mother-in-law and regard being had to the allegations levelled against the mother-in-law and no material being collected by the investigating agency to indicate about the petitioner would abscond or tamper prosecution evidence, this Court feels it proper to enlarge the petitioner on bail.

6.

Hence, the prayer for bail of the petitioner is allowed and the Petitioner be released on bail on furnishing bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall not leave the jurisdiction of the learned trial Court without prior permission and the petitioner shall attend the trial Court on each date of posting of the case unless her attendance is dispensed with by the learned trial Court. 7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of the order be granted on proper application. ( G. Satapathy) Judge Kishore