Orissa High Court
Bharati Das vs State Of Odisha .... Opp. Party on 27 October, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.934 of 2021
Bharati Das .... Petitioner
Mr. M.K. Mohapatro, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 27.10.2021
08. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).
Heard learned counsel for the petitioner and learned counsel for the State.
In pursuance of the order dated 22.09.2021, the Investigating Officer took steps for sending the mobile phone having video contents of the dying declaration of the deceased to the Forensic Science Laboratory along with a photograph of the deceased for the purpose of identification as to whether the person making dying declaration is the deceased or not and what she exactly stated in the declaration and whether there is any kind of tampering with the video contents. Today, leaned counsel for the State has submitted the report, which indicates that the female person marked as Q1 present in the questioned video and the female person present // 2 // in the photographs were found to be the same and there is no sign of addition, deletion or alteration in the video contents of the mobile phone.
Learned counsel for the State placed the dying declaration made by the deceased recorded in the mobile phone and was transcribed by the Investigating Officer, which implicates the present petitioner in the alleged offence.
Since it is a bride burning case and there is involvement of the petitioner in the death of the deceased, at this stage, I am not inclined to release the petitioner on bail.
Accordingly, the bail application stands rejected. The petitioner is at liberty to renew her prayer for bail after examination of the material witnesses. The Investigating Officer shall immediately produce the reports of the Forensic Science Laboratory, extracted video clippings and transcription copy of the dying declaration in the concerned Court i.e. Additional Sessions Judge, Kendrapara.
A free copy of this order be handed over to the learned counsel for the State for compliance.
( S.K. Sahoo) Judge Jagabandhu Page 2 of 2