Kusuma Sahoo vs State Of Odisha

D.Dash, J

This matter is taken up through hybrids arrangement (virtual/ physical) mode.

This is the successive journey of the Petitioner in filing this application under Section-439 of the Cr.P.C. who is in custody in connection with Banki P.S. Case No.84 of 2018 corresponding to G.R. Case No.84 of 2018 arising out of S.T. No.133 of 2018 pending on the file of the learned Sessions Judge, Cuttack running for commission of offence under section-302 of the IPC for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case.

Learned Counsel for the Petitioner submits that the Petitioner being arrested in the case is in custody since 20.03.2018 and as yet the trial has not been concluded. He further submits that the important witness in the prosecution, i.e., P.W.3 has already cross-examined and discharged and she during her cross-examination has resiled from her previous version. He also submits that this Petitioner being in custody since long, her children who are remaining outside are suffering like anything and till now some relations having provided help to them, they have continued which hereinafter is no more possible without this Petitioner being by their side in making further arrangement. In view of all these, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering of evidence does not arise, he urges for reconsideration of the prayer for grant of bail to the Petitioner, as according to him, further detention of the Petitioner till conclusion of trial would not be in the interest of justice.

Learned Counsel for the State opposes the move. According to him, there is prima facie case against the Petitioner for commission of offence under section 302, I.P.C. and as per the evidence of the witnesses, it is the Petitioner who is responsible for the death of the deceased.

Considering the submissions made and on going through the materials as placed; further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody and the tardy progress of the trial; while being inclined to reconsider the prayer for grant of bail to this petitioner, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that she will appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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