Muka Padiami And Another vs State of Orissa

G. Satapathy, J

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

Mr. J.K. Panda, learned counsel for the petitioners by filing a memo submits to not press the bail application of the petitioner No.1 namely Muka Padiami. Thus, the bail application of the petitioner No.1 namely Muka Padiami stands disposed of as not pressed and accordingly, the present bail application is only confined to the petitioner No. 2 Kainde Padiami. The memo be kept on record.

This is an application U/S.439 of Cr.P.C. by the petitioner No.2 for grant of bail in connection with C.T. Case No. 66 of 2022 arising out of Kalimela P.S. Case No. 32 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri, for commission of offences punishable under Sections 302/34 of the IPC, on the allegation of assisting her husband to commit murder of deceased Jaga Padiami.

Heard, Mr. J.K. Panda, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner No.2 and keeping in view the period of custody of the petitioner No.2 since 01.02.2022 and regard being had to the status of the petitioner No.2 as a lady and the mandate of first proviso appended to Section 437 of the Cr.P.C., this Court admits the petitioner No.2 to bail.

Hence, the bail application of the petitioner No.2 stands allowed and the petitioner No. 2- Kainde Padiami is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 No.2- Kainde Padiami shall not commit any offence while on bail,

(ii) the petitioner No.2- Kainde Padiami shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and

(iii) the petitioner No.2- Kainde Padiami 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 No.2- Kainde Padiami 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 No.2- Kainde Padiami in future for similar 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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