Allowed

Sashi Jena v. State of Orissa

Orissa HC22 Jun 2016ABLAPL/2892/2016

Case brief

AI extract

What is this about?

The court allowed an application for anticipatory bail to a woman accused of offences under Sections 302, 201 and 34 IPC. The court held that the offence under Section 302 was not made out, especially given her participation in cremating the deceased and her status as a resident with no flight risk. Bail on standard terms was directed.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on bail on terms to be framed by the Arresting Officer if arrested.

Sashi Jena Vs State of Orissa — Murder and Culpable Homicide | Orissa HC (2016)

¶1

22.06.ABLAPL No. 289 2 016 of 2016

¶2

 Heard learned counsel for the petitioner and learned Addl. Government Advocate.

¶3

 The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 302 and 201/34 of the I.P.C. in G.R. Case No. 127 of 2016 of the court of S.D.J.M., Jajp
ur, arising out of Binjharpur P.S. Case No. 45 of 2016.

¶4

 After hearing he learned counsel for the petitioner and the learned Addl. Government A
dvocate and on referring to the Case Diary, this Court is of the opinion that the offence unde
r Sections 302 of the I.P.C. is not made out against the present petitioner. The present petit
ioner is a woman. It is brought out from the records that she along with others has cremated t
he dead body of the deceased. Offence under Section 201 of the I.P.C. is bailable in nature. C
o-accused Bhimsen Jena, who stands in the same footing, has been granted bail by order of the
Court dated 03.05.2016 in ABLAPL No.3127 of 2016.

¶5

 Keeping in view the aforesaid consideration and the fact that the petitioner is a perm
anent resident of village-Laxminarayan Sahi, Binjharpur, P.S. Binjharpur, Dist. Jajpur and the
re is no chance of his absconding from justice, the application for anticipatory bail is allow
ed. It is directed that on the event of arrest, the petitioner shall be released on bail on su
ch terms and conditions as deemed just and proper by the Arresting Officer.

¶6

The ABLAPL is accordingly disposed of.

¶7

Urgent certified copy of this order be granted on proper application.

¶8

S.K.Mishra,

¶9

J.

¶10

Sashi Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sashi Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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