Orissa High Court
Narayan Behera vs State Of Odisha ... Opp. Party on 3 July, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 8685 of 2019
Narayan Behera ... Petitioner
-VERSUS-
State of Odisha ... Opp. Party
BLAPL No.8685 of 2019/I.A. No.584 of 2020
The matter is taken up through Video
04. 03.07.2020
Conferencing.
Heard the learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with Gondia P.S. Case No.65 of
2017 corresponding to C.T.(Sessions) Case No.23 of
2018 pending on the file of learned Sessions Judge,
Dhenkanal for alleged commission of offence under
sections 498-A/304-B/302/34 of the Indian Penal Code
and section 4 of the Dowry Prohibition Act.
The prayer for bail of the petitioner has been
rejected by the learned Sessions Judge, Dhenkanal vide
order dated 03.10.2019.
Learned counsel for the petitioner submitted
that the petitioner is in judicial custody since 14.05.2017
and he has retired from Government service and now
aged about 66 years and he has already suffered a
cerebral stroke and has not recovered fully and he is
unable to attend his personal needs and requires
assistance and his health condition is deteriorating day
by day and out of twenty four charge sheeted witnesses,
thirteen witnesses have already been examined and at
present, there is no progress in the trial on account of
situation arising out of COVID-19 and therefore, the bail
application of the petitioner may be favourably
considered.
An interim application has also been filed which
has been registered as I.A. No.584 of 2020 wherein it is
mentioned that while the petitioner was taken for check
up to Neurology Department of S.C.B. Medical College
and Hospital, Cuttack on 25.06.2020, cerebral
thrombosis was detected in the scanning which can lead
to a stroke and it was advised to him for surgical
intervention.
Learned counsel for the State submitted that
earlier bail applications of the petitioner have been
rejected on merit and during the trial, the family
members of the deceased have been examined and they
have supported the prosecution case relating to the
torture on the deceased on account of non-fulfillment of
demand of dowry and about the communication made by
the deceased to the informant on the date of occurrence
to take her back from her in-laws' house otherwise her
in-laws would kill her. It is further submitted that the
deceased died out of burn injuries and kerosene was
poured on her body. He placed the evidence of the
witnesses examined in the trial Court.
It appears that the petitioner's first bail
application was rejected in BLAPL No.6478 of 2017 as
per order dated 14.09.2017 and liberty was granted to
the petitioner to renew his prayer for bail after
examination of the relevant witnesses and thereafter the
petitioner filed another bail application i.e. BLAPL
No.9496 of 2017 which was also rejected on 25.04.2018.
On perusal of the evidence copies of the
witnesses furnished by the learned counsel for the State,
it appears that the witnesses have stated against the
petitioner relating to his complicity in the crime.
However, it will not be proper at this stage to discuss the
evidence in detail when the trial is under progress.
In view of the available materials on record and
the evidence reduced by the prosecution so far in the
trial Court, while not inclining to release the petitioner on
bail on merit but taking into account the age of the
petitioner and his ailment and particularly the fact that at
present in the trial Court, there is no progress of trial on
account of situation arising out of Covid-19 Pandemic, I
am inclined to release the petitioner on interim bail for a
period of two months from the date of release and the
petitioner shall surrender before the learned trial Court
immediately on expiry of the two months period.
For the above period, let the petitioner be
released on bail in the aforesaid case on furnishing bail
bond of Rs.50,000/-(rupees fifty thousand) with two local
solvent local sureties each for the like amount to the
satisfaction of the learned Court in seisin over the matter
with further conditions as the learned Court may deem
just and proper.
Accordingly, both the BLAPL and I.A. are
disposed of.
Issue urgent certified copy as per Rules.
sisir .............................
S.K. Sahoo, J.