Damayanti Padhan vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Subalaya P.S. Case No. 27 of 2023 corresponding to G.R. Case No. 76 of 2023 pending in the Court of learned SDJM, Birmaharajpur for commission of offence punishable Under Sections 302/34 of IPC, on the allegation of throwing trunk of one Palasa tree on the deceased Prakash Biswal who was lying on the ground after receiving assault of axe from the son of the present Petitioner, along with another co-accused.

In the course of hearing of the bail application, Mr. B.P. Pradhan, learned counsel for the Petitioner submits that all the allegation of inflicting cut wounds is directed against son of the present Petitioner and the only role attributed to the present Petitioner was for throwing a trunk of Palasa tree on the deceased and that too, on a spur of moment in a free fight between the Petitioner groups and deceased groups relating to putting fence on some agricultural land. It is further submitted that the Petitioner is a lady and she, thereby, is entitled to the first proviso appended to Section 437 Cr.P.C. and since charge-sheet has already been submitted in this case, there remains nothing to detain the present Petitioner in custody. On the aforesaid grounds, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes the bail application of the Petitioner by inter-alia submitting that there is a strong prima facie case made out against the Petitioner for commission of murder of the deceased Prakash Biswal.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the nature and strength of supporting materials available on record against the present petitioner and regard being had to the pre trial detention of the Petitioner since 20.02.2023 with submission of charge-sheet and her status as a lady and taking into account the first proviso appended to Section 437 of Cr.P.C., this Court admits the Petitioner to bail.

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) 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 Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

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 and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. The present order shall not be considered as a precedent for grant of bail to co-accused persons.

Issue urgent certified copy of the order as per Rules.

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