Panchanana Behera @ Das vs State Of Odisha

Savitri Ratho, J

This is the second bail application of the petitioner under Section 439 of the Cr.P.C. in connection with Rambha PS Case No.739 of 2023 corresponding to G.R. Case No. 1952 of 2023 pending in the file of the learned J.M.F.C., Khallikote under Section 376(2)(n), 341,342,452,323,500,506 of the IPC.

BLAPL No. 165 of 2024 filed by the petitioner before this Court earlier had been dismissed by me on 12.01.2024 granting liberty to the petitioner to move for bail afresh after examination of the victim girl and her brother in the trial.

Ms. Sumitra Patra, learned counsel for the petitioner submits that the victim and her brother have not yet been examined in the trial but as mother of the petitioner Smt. Bhasi Das died on 22.03.2024. Prayer for grant of interim bail for a period of 20 days was made before the learned Additional Sessions Judge, Khallikote to perform the Sudhikriya of his mother, but the same has been rejected on 22.03.2024.

Perusal of the averments in the bail application reveal that no mention has been made about death of Smt. Bhasi Das, mother of the petitioner on 22.03.2024 not has any mention made about the nature of the order passed in BLAPL No. 165 of 2024, which has been disposed of on 12.01.2024. Perusal of the rejection order dated 22.03.2024 reveals that the prayer had been made for interim bail before the learned Court below on account of the death of mother of the petitioner on 22.03.2024, but it has been rejected.

Normally I would not have entertained this bail application for non-disclosure of relevant facts, but in view of the fact that I.A. No.343 of 2024 has been filed praying for interim bail on account of death of mother of the petitioner, which is supported by an affidavit sworn by Smt. Laxmi Das, wife of the present petitioner annexing copy of the slip issued by the Medical Superintendent which is and it has been stated in the I.A. that Bhasi Das, mother of the petitioner died on 22.03.2024 and that the Medical Superintendent of MKCG Hospital, Berhampur has issued certificate regarding death of the petitioner, I am inclined to direct Ms. S. Mishra, learned Additional Standing Counsel to obtain instructions as it has been stated by Ms. Patra, learned counsel that the petitioner is the only child of late Bhasi Das and as he is in custody, her obsequies have not yet been performed till date for which his release on interim bail is necessary.

Ms. S. Mishra, learned Additional Standing Counsel submits that the copy of the I.A. has not been served on her.

If copy of the I.A. is served on Ms. S. Mishra in course of the day, she shall take instruction from the IIC, Rambha Police Station whether the submission,

i) regarding death of Smt. Bhasi Das, mother of the petitioner, on 22.03.2024,

ii) whether the petitioner is her only child and

iii) Non-performance of obsequies as the petitioner is in custody, are correct.

List this case on 06.04.2024.

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