Sabi @ Sabitri Mallik vs State Of Odisha

D.Dash, J

This matter is taken up through video conferencing mode.

2. The Petitioner being in custody in connection with Kuakhia P.S. Case No.34 of 2020 corresponding to C.T. Case No.171 of 2020 running for

commission of offence under section 498-A/302/34 of the IPC read with section 4 of D.P. Act, has filed this application under section 439 of the

Cr.P.C. for his release on bail.

3. Learned counsel for the Petitioner submits that the Petitioner, who happens to be the mother-in-law of the deceased, has been unnecessarily

arraigned in the case on the allegation that she was joining hands with her son in torturing the deceased, which has been stated in an omnibus manner.

It is his submission that the death in the case has taken place because of intake of poison by the deceased, when no such other external injuries have

been noticed to draw any other inference of physical torture some time before the incident. In view of all these above, he urges for grant of

anticipatory bail to the Petitioner.

4. Learned counsel for the State submits that the Petitioner being the mother-in-law, on the face of the allegations as to demand and torture on

account of non-fulfillment of the same when the death has taken place within a period of seven years of marriage that to not under normal

circumstance the culpability of these Petitioner stands drawn by attraction of the presumption under section 113A/113B of the Evidence Act.

5. Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other

surrounding circumstances including the period of detention of the Petitioner in custody and in the absence of any such impediment; it is directed that

the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with

further condition that she will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.

Violation of any of the above condition(s) shall entail cancellation of bail.

6. The BLAPL is accordingly disposed of.

7. 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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