Orissa High Court
Purnami Kechhu vs State Of Odisha ... Opposite Party on 16 May, 2024
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2276 of 2024
Purnami Kechhu ... Petitioner
Mr. B.Sahoo, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. B.Mohanty, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 16.05.2024 01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the second successive application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Laikera P.S. Case No.41 of 2023 corresponding to C.t.(Sessions) Case No.75 of 2023 pending in the file of learned Addl. Sessions Judge, Jharsuguda, being charge-sheeted for commission of offences punishable Under Sections 341/326- A/307/506/34 of IPC, on the allegation of engaging contract killer to kill the victim by throwing acid on her.
3. Heard, Mr. B.Sahoo, learned counsel for the petitioner and Mr. B.Mohanty, learned AGA in the present matter and perused the record. The petitioner was permitted by an order of this Court passed on 05.01.2024 in BLAPL No. 11495 of 2023 to renew her prayer for bail after examination of the victim.
Page 1 of 3Admittedly, the petitioner renews her prayer for bail after examination of the victim as PW7.
4. In view of the above facts and after having considered the rival submissions and taking into consideration the pre-trial detention of the petitioner since 06.03.2023 and regard being had to the main allegation of throwing acid being directed against co- accused Alok Banchor and Susanta Banchor who are not seeking bail in this case and last but not the least, taking into account the mandate of first proviso appended to Sec. 437 Cr.P.C. since the petitioner being a lady, this Court without expressing any opinion on the merits of the case, grants bail to the petitioner.
5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each 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 by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Page 2 of 3 Petitioner for offence U/S.229-A of IPC in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving her present address of stay.
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. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 17:10:14 Page 3 of 3