Rajeswar Paraseth vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard Mr. D. Nayak, learned Senior Counsel with Mr. S. Mahunta, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel for the State.

As directed, the Court below has submitted a report regarding the status of trial. It has been stated that out of 51 charge-sheeted witnesses only one witness has been examined so far and that after 30.08.2022, no witnesses have been examined. It is also stated that summons have been issued to witnesses but as they did not appear, bailable warrants have been issued.

The petitioner is in custody since 09.09.2021 in connection with Balliguda P.S. Case No.32 of 2021 corresponding to C.T. Case No.90 of 2022 pending in the Court of learned Addl. District and Sessions Judge, Balliguda for the alleged commission of offence under Sections 498-A/302/304-B/34 of IPC and Section 4 of D.P. Act.

Originally, FIR was registered under Sections 498-A/304-B/302/34 of IPC and Section 4 of D.P. Act. However, charge sheet was submitted under Sections 498-A/304-B/306/34 of IPC and Section 4 of D.P. Act as it was revealed during investigation that the deceased had committed suicide.

Mr. D. Nayak, learned Senior Counsel appearing for the petitioner submits that because of slow progress of trial, the petitioner has been unduly prejudiced. He further submits that even otherwise there is no material to show that the petitioner had committed any act which could be treated as instigation for the victim to commit suicide rather there are materials to show that the victim was in a state of mental depression which led her to commit suicide.

Learned State Counsel has opposed the prayer for bail by submitting that there is allegation of subjecting the victim to cruelty by the petitioner and other members of his family in connection with demand for dowry.

I have considered the rival submissions and have also gone through the case record carefully. While there is some prima facie material to show that the petitioner had subjected the deceased to cruelty in connection with demand for dowry along with his family members yet, there is no clear- cut evidence to support the allegation that he had abetted the suicide committed by his wife. Moreover, the petitioner is in custody for more than one and half years. Trial is progressing at a snail’s space. In such circumstances, I am inclined to take a lenient view. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail. Further, the Court below is directed to take all necessary steps to expedite the trial.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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