Tanu Sethi vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Sessions Case No.140 of 2023, arising out of Jharsuguda P.S. Case No.375 of 2023, pending in the Court of learned Session Judge, Jharsuguda for alleged commission of offence punishable under Sections 302/34 of I.P.C.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 03.07.2023. He further contended that in the meantime the investigation has been concluded and final charge sheet has been filed on 26.10.2023. In course of hearing, learned counsel for the Petitioner referring to the statement of the witnesses recorded in course of the investigation. He further submitted that the principal accused, namely, Rajesh Sethi, who is the son of the present petitioner, assaulted the deceased. He further submitted that the deceased entered in to the house of the present Petitioner, who is a widow lady, and tried to outrage the modesty of the Petitioner. Thereafter, the son of the Petitioner, one Rajesh Sethi, reached at the spot and assaulted the deceased by means of bamboo stick, as a result of which the deceased fell down at the spot and he had been taken into the hospital for treatment. Learned counsel for the Petitioner submitted that during the treatment, the deceased had died. He further submitted that the witnesses, who have been examined by the Investigating Officer, have stated that the deceased entered in to the house and misbehaved the widow lady, who is the present Petitioner. He further submitted that the Petitioner has registered a case for alleged commission of offences under Section 452/354/354-A,354-B,294,323 of IPC which was registered as Jharsuguda P.S. Case No.374 of 2023 against the deceased.

Referring to the statement of the witnesses, learned counsel for the Petitioner emphatically argued that there is no allegation of assault against the present petitioner. He further submitted that some of the witnesses have stated that though the Petitioner had assaulted the deceased, however, it was, Rajesh Sethi, who was implicated by most of the witnesses, assaulted the deceased on both legs and head, as a result of which the deceased fell down on the ground that he was sustaining injury on his head. In such view of the matter, learned counsel for the Petitioner contended that in the event this Court released the petitioner on bail, she will abide by any terms and conditions that would imposed by this Court in the event they are released on bail.

Learned counsel for the State on the other hand objected the release of the Petitioner on bail on the ground that many witnesses have stated that the Petitioner has also assaulted along with Rajesh Sethi, who is the principal accused to the present case. He further submitted that both the Petitioner and her son have assaulted the deceased. In such view of the matter, he contended that the present petitioner is equally liable along with her son for the cause of death of the deceased. On such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

This Court considering of the statement of the witnesses recorded by the I.O. under Section 161 Cr.P.c. is of the view that most of the witnesses have implicated the Rajesh Sethi is the principal assailant, who assaulted by means of bamboo stick on the head of the deceased and the deceased fell down, thereafter, he was taken to the hospital and while he was undergoing treatment, the deceased died. In the above noted evidence of the witnesses corroborates the finding of the M.O. in report the cause of death is carnio cerebral injury. There is no other statement with regard to the specific assaulted by the present petitioner.

In view of the aforesaid analysis and materials on record as well as the statement of the witnesses, further taking into consideration the medical evidences on record as well as the period of custodial detention, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violations of any of the conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of.

...………………………….