Laxmi Swain Vs State Of Orissa

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 Itamati P.S. Case No.92 of 2023 corresponding to G.R. Case No. 264 of 2023 pending in the Court of learned Sub-Divisional Judicial Magistrate, Nayagarh being charge-sheeted for commission of offences punishable under Sections 498-A/304-B/306/34 of IPC and read with Section 4 of D.P. Act, on the allegation of committing dowry death and abetment of suicide of her daughter-in-law by subjecting the deceased to torture and cruelty prior to her death for demand of dowry.

Heard, Mr. A. Mohanty, learned Sr. counsel for the Petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record. At the outset, it is brought to the notice of the Court that the Petitioner is the mother-in-law of the deceased and there is some omnibus allegation against her and in the meanwhile, charge-sheet has already been submitted.

In view of the aforesaid facts and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the status of the Petitioner as a mother-in-law and regard being had to the pre trial detention of the Petitioner in custody since 02.11.2023 as well as the mandate of first proviso to Section 437 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.25,000/- (Rupees Twenty Five Thousand) with one solvent surety 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 her 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.

Issue urgent certified copy of the order as per Rules.

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