Panchanan Sahoo vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Learned counsel for the petitioner submitted that the case has already been committed to the

Court of Session and now pending in the Court of learned Sessions Judge, Nayagarh in S.T. Case No.28 of 2021.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Odagaon P.S. Case No. 203 of 2020

corresponding to S.T. Case No. 28 of 2021 pending in the Court of learned Sessions Judge, Nayagarh for offences punishable under sections 498-A/

302/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the learned Additional Sessions Judge, Nayagarh, which was rejected on 04.02.2021.

Learned counsel for the petitioner submitted that the petitioner is the paternal uncle-in-law of the deceased Jhumuri Sahoo and he is in judicial custody

since 23.10.2020 and he has been charge sheeted under sections 498-A/302/304-B/34 of the Indian Penal Code read with sectionÂ

4 of D.P. Act. It is further contended that the marriage of the deceased was solemnized on 17.02.2014 and she committed

suicide on 23.10.2020 and as per the post mortem report, the cause of death of the deceased was combined effect of venous congestion and asphyxia

and no other external injury except the ligature mark around the neck was noticed on the person of the deceased. He further submitted that there is

absolutely no material on record to make out a case under section 302 of the Indian Penal Code and the petitioner is staying in separate mess and the

allegations against the petitioner are omnibus in nature and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State produced the case diary and opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the relationship

between the petitioner and the deceased, the absence of any clinching material against the petitioner, the post mortem report findings and further

taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021..

…………………………….