Orissa High Court
Pratima Sahoo @ Jema vs State Of Odisha on 22 June, 2021
BLAPL No. 1909 of 2021
1. Pratima Sahoo @ Jema
2. Sabyasachi Sahoo .... Petitioners
-Vrs.-
State of Odisha .... Opp. party
04. 22.06.2021 Heard Mr. Pravash Chandra Jena, learned counsel for
the petitioners and Mr. S. S. Mohapatra, learned Addl.
Standing Counsel for the State through Video Conferencing
mode.
This application under Sec. 439 Cr.P.C. has been filed by
the petitioners in connection with Khuntuni P.S. Case No.99 of
2020, corresponding to C.T. Case No. 367 of 2020 pending in
the Court of learned S.D.J.M., Athagarh for commission of
offences punishable under Sections 147/148 / 294/ 506/ 302/
149 of I.P.C.
The petitioners had moved BLAPL No. 48 of 2021 which
has been rejected by the learned Addl. Sessions Judge,
Athgarh vide order dated 02.03.2021.
Learned counsel for the petitioners submits that
investigation in the case is over and charge sheet has been
submitted on 16.11.2020 and the petitioners are in jail custody
since 17.02.2021. He further submits that on account of civil
dispute, false allegations have been made against the
petitioners and all their family members. As there was a free
fight, Khuntani P.S. Case No. 100 of 2020 has been registered,
against the informants group for commission of offences
punishable under Sections 447,323,426,354-B,336,435,34 of
the I.P.C on the report of co-accused Sarat Sahoo. He further
submits that in the present case, five injuries were detected on
the deceased but sixteen persons have been arrayed as
accused including women and a juvenile and that some of the
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co-accused persons standing on similar footing have been
released on bail by this Court in BLAPL No. 6061 of 2020,
BLAPL No. 7214 of 2020 and CRLREV No. 393 of 2020
Learned Additional Standing Counsel, Mr. S. S.
Mohapatra states that the petitioners are the wife and son of
the main accused Basanta Sahoo. He further submits that in a
pre planned manner armed with various weapons, they have
assaulted the deceased and therefore a case under Sections
302/149 of I.P.C. and other offences is made out against them
for which they should not be released on bail.
From the statement of the witnesses it is apparent that
they have made omnibus allegations of assault against the
petitioners and others but have specifically stated that one
Basanta Sahoo has assaulted the deceased Gayadhar by a
"Farsa" on his head while Sarat and Susant have assaulted him
with "Tangia" and "Sabala". Four corresponding external
injuries were detected on the deceased.
Considering the submissions of the learned counsel for
the parties, nature of allegations against them and release of
some of the co accused on bail, I am inclined to allow their
prayer for bail.
Let the petitioners Pratima Sahoo @ Jema and
Sabyasachi Sahoo be released on bail on such terms and
conditions as deemed just and proper by the learned Court in
seisin over the matter, including the following conditions:
1. They will not threaten or attempt to influence the
witnesses, and
2. They will appear on each date fixed for trial.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a printout of the order available in the High Court's
Website, at par with certified copy, subject to attestation by
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the concerned advocate, in the manner prescribed vide Court's
Notice No.4587 dated 25th March, 2020 as modified by Court's
Notice No.4798 dated 15th April, 2021.
..........................
Savitri Ratho (Judge) Prasant 4