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Pratima Gouda And Another vs State Of Orissa

Orissa High Court · Decided on 13 September 2023 · Citation: (2023) 09 OHC CK 0084

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 302, 307, 323, 324, 341, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5678 Of 2023
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Judgment

13 paragraphs · 466 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with Nuagaon P.S. Case No. 119 of 2023 corresponding to G.R. Case No. 153 of 2023 pending in the Court of learned JMFC, Digapahandi for commission of offences punishable Under Sections 341/ 294/ 323/ 324/ 302/ 307/506/34 of IPC, on the allegation of committing murder of the deceased by jointly assaulting him with deadly weapons along with co-accused persons.

3.

Heard, Mr. B.K. Ragada, learned counsel for the Petitioners as well as Mrs. S.R. Sahoo, learned ASC in the matter of the present bail application and perused the record.

4.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioners and keeping in view the main allegation of assault by means of a sword being directed against Child in Conflict with Law(CCL) who has already been granted bail and taking into account the specific allegation against the present Petitioners for assaulting the deceased by means of lathis and regard being had to the cause of death of the deceased as opined by the Doctor in the Post Mortem Report and the pre trial detention of the Petitioners since 28.03.2023/09.04.2023 and their status as lady and further taking into account the mandate of first proviso appended to Section 437, this Court admits the Petitioners to bail.

5.

Hence, the bail application of the Petitioners stands allowed and the Petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 Petitioners shall not commit any offence while on bail,

(ii) the Petitioners shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) The Petitioners 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 petitioners 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 Petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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