Allowed

Janardan @ Dana@ Dibakar Sahoo v. State of Odisha

Orissa HC8 Oct 2020BLAPL/395/2020

Case brief

AI extract

What is this about?

The High Court disposed of a bail application under Section 439 Cr.P.C. The petitioner, facing charges of dowry death and murder, had his bail previously rejected. The Court granted bail due to the lack of clinching evidence and the length of custody.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000.

Janardan @ Dana@ Dibakar Sahoo Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2020)

¶1

BLAPL No. 395 of 2020

¶2

Janadan @ Dana @ Dibakar Sahoo ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

¶3

08.10.2020

¶4

This matter is taken up through Video Conferencing.

¶5

Heard learned counsel for the petitioner and learned counsel for the State.

¶6

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.24 of 2019 arising out of Soro P.S. Case No.0121 of 2018 pending in the Court of learned 3^rd Addl. Sessions Judge, Balasore for offences punishable under sections 498-A/304B/302/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act.

¶7

The petitioner moved an application for bail before the Court of learned 3^rd Addl. Sessions Judge, Balasore which was rejected on 03.01.2020.

¶8

Learned counsel for the petitioner submitted that the petitioner is the elder brother inlaw of the deceased Kabita Panda and he is in judicial custody since 15.04.2018 and he has been charge sheeted under sections 498-A/304-B/302/34 of the Indian Penal Code read with section 4 of the D.P. Act and the case has already been committed to the Court of Session. It is further submitted that when the deceased was a minor, she eloped with the younger brother of the petitioner namely Pravakar Sahoo and thereafter, there was marriage between the deceased and Pravakar Sahoo

¶9

and they were leading a happy conjugal life and having a four years old child at the time of occurrence and the occurrence in question took place on 18.03.2018 when the deceased sustained burn injuries and was shifted to the hospital and during her treatment, the family members of both the sides were present and her death took place on 24.03.2018 and a U.D. case was registered and during the inquiry in the U.D. case, the first information report was lodged on 27.04.2018 indicating it to be a case of dowry death. He further submits that the deceased was a cancer patient and three months prior to the occurrence, she had undergone an operation and there is no clinching material available against the petitioner relating to his involvement in the alleged crime and therefore, the bail application of the petitioner may be favourably considered.

¶10

Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail and submitted that the post mortem report indicates that the deceased had sustained 100% burn injuries and he placed the statement of Askhya Kumar Sahoo who is a neighbour of the petitioner and stated to have seen the deceased lying in a burnt condition in the courtyard and thereafter, she was shifted to the hospital. He further submitted that there is no written dying declaration but in the oral dying declaration, she stated that she had been killed.

¶11

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case and the surrounding circumstances under which the deceased died, the conduct of the family members of the petitioner after the deceased sustained burn injuries and absence of any clinching material against the petitioner and further taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

¶12

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

¶13

The BLAPL is accordingly disposed of.

¶14

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

¶15

…………………..……

¶16

S.K. Sahoo, J.

¶17

Janardan @ Dana@ Dibakar Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Janardan @ Dana@ Dibakar Sahoo v. State of Odisha

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

Similar cases

Nilakantha Hansa Vs State of Odisha

Ganga Sahu Vs State of Odisha

Ghasi Banchhor Vs State of Odisha

Sk.Rupa @ Sk, Lupa @ Sk.Salamat Vs State of Odisha

Santosh Majhi Vs State of Odisha

Lachha Beti Vs State of Odisha