Pinku @ Susanta Sahoo vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

This is an application for bail under section 439 of Cr.P.C. in connection with Parjang P.S. Case No.184 of 2017 corresponding to C.T. (SS) No. 39 of

2018 pending in the file of learned Addl. Sessions Judge, Kamakhyanagar for alleged commission of offences under sections 498-A, 304-B, 302,

406/34 of the Indian Penal Code and section 4 of the D.P. Act.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Kamakhyanagar vide order dated 04.12.2020.

Learned counsel for the petitioner submitted that the earlier bail application of the petitioner in BLAPL No. 4566 of 2018 was rejected as per order

dated 13.02.2019 and he is in judicial custody since 07.10.2017 and he has been charge sheeted under sections 498-A, 304-B, 302, 406/34 of the

Indian Penal Code and under section 4 of the D.P. Act. It is further submitted that after rejection of the earlier bail application, the trial has

commenced and as many as sixteen witnesses have been examined out of thirty one charge sheet witnesses and in view of the evidence adduced by

the prosecution so far in the learned trial Court, the bail application of the petitioner may be favourably reconsidered as at this stage there is no chance

of tampering with the evidence since material witnesses have already been examined.

Learned counsel for the petitioner has filed the deposition copies of the witnesses with a memo.

Learned counsel for the State opposed the prayer for bail and submitted that the informant, who has been examined as P.W.11, has stated in detail as

to how the petitioner was torturing the deceased in connection with demand of dowry and how previously the matter was settled in the police station in

connection with demand of dowry by the petitioner. He further submitted that the dead body of the deceased was found from a pond in a floating

condition and it was a case of strangulation and therefore, the bail application of the petitioner may be rejected.

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation, the surrounding

circumstances under which the death of the deceased has taken place, while not inclining to release the petitioner on bail, I direct the learned trial

Court to expedite the trial and conclude the same by the end of December 2021. The petitioner is at liberty to renew his prayer for bail, if the trial is

not concluded within the said period.

The BLAPL stands 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.

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