Orissa High Court
Akura Mahar And Another vs State Of Odisha ... Opposite Party on 1 February, 2024
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11927 of 2023
Akura Mahar and another ... Petitioners
Mr. P. Mohanty, Advocate
-versus-
State of Odisha ... Opposite Party
Mrs. S.R. Sahoo, ASC
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
01.02.2024 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail arising out of Athamallik P.S. Case No.168 of 2023 corresponding to G.R. Case No.750 of 2023 pending in the Court of learned S.D.J.M., Athamallik for commission of offence punishable under Sections 498-A/323/294/ 302/304-B/34 of the IPC r/w Section 4 of the D.P. Act, on the allegation of committing murder and dowry death of the deceased by subjecting her to torture and cruelty prior to her death for demand of dowry.
3. Heard, Mr. P. Mohanty, learned counsel for the petitioners and Mrs. S.R. Sahoo, learned ASC and in the present matter and perused the record.
Page 1 of 34. After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioners, so also the accusations sought to be brought against them and regard being had to their status as the parents- in-law of the deceased and taking into account the other circumstance on record in entirety including the submission of charge sheet and pre-trial detention of the petitioners in custody since 16.09.2023, this Court without expressing any opinion on the merits of the case grants bail to the petitioners.
5. Hence, the bail applications of each of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties 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 petitioners shall not commit any offence while on bail,
(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners 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 Petitioners for offence U/S.229-A of IPC in accordance with law, Page 2 of 3
(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their 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 grave/similar type of offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of. This order shall not be construed as a ground of parity for consideration of bail of co-accused husband.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Junior Stenographer Page 3 of 3 Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 12:30:49