Pakili Pradhan vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

The Petitioner is an accused in G.R. Case No.394(B) of 2022 pending in the Court of learned J.M.F.C., Basudevpur, arising out of Naikanidhi P.S. Case No.111 of 2022 for commission of the alleged offence under Sections 302/34 IPC.

Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bhadrak, by order dated 19.01.2024 in the aforementioned case, the present bail application has been filed.

It is submitted by the learned counsel that charge sheet has been filed on 25.08.2022 citing the Petitioner as an absconder and she has been taken into custody on 19.01.2024.

It submitted by the learned counsel that the co-accused one Jagabandhu Barik has been released on bail by this Court by order dated 20.04.2023 in BLAPL No.2952 of 2023 and two other co-accused persons namely, Suryamani Pradhan and Bijaya Pradhan were released on bail by this Court by order dated 01.08.2023 in BLAPL No.11545 of 2022.

Learned counsel for the Petitioner submits that the Petitioner is on a better footing than the co-accused who has since been released on bail and it is his further submission that the Petitioner is a lady and has a child aged about 4 months who is in custody with her.

Learned counsel for the State as well as Informant oppose the prayer for bail.

It is the submission of the learned counsel for the Informant as well as learned counsel for the State that there are eyewitnesses account implicating the Petitioner. Hence, merely because the co-accused persons have been released on bail, on the ground of parity, the Petitioner ought not to be released on bail.

Taking into account the role ascribed to the Petitioner and that the Petitioner is a lady and has a child and keeping in view the first proviso to Section 437(1) of Cr.P.C., this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Accordingly, the BLAPL stands disposed of.

It is apt to note here that the observation of the learned Court in seisin that the co-accused persons namely, Jagabandhu Barik, Suryamani Pradhan, Bijaya Pradhan & Bhagirathi Barik have been released on bail as per the order passed by this Court is an error of record, inasmuch as noted above, while granting the bail application of the accused Suryamani Pradhan and Bijaya Pradhan in BLAPL No.11545 of 2022, this Court had rejected the bail application of Bhagirathi Barik and Kartika Pradhan by order of the even date in BLAPL No.12110 of 2022.

Learned Court in seisin is advised to be more careful in future.

Registry is requested to communicate this order to the learned Court in seisin.

Urgent certified copy of this order be granted as per the rules.

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