Disposed

Basanta Manjari Das v. State of Odisha

Orissa HC17 Mar 2021ABLAPL/1319/2021

Case brief

AI extract

What is this about?

This judgment grants pre-arrest bail to the petitioners indicted for abetment of suicide under Section 306 IPC. The court found no likelihood of absconding or tampering with evidence and directed immediate release upon arrest.

What did the court decide?

Petitioners are to be released on bail by the arresting officer on such terms and conditions as deemed just and proper, provided they cooperate with the investigation.

Basanta Manjari Das Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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ABLAPL No.1319 of 2021

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17.03.2021

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The petitioners in this case apprehending their arrest in Konark P.S. Case No.02 of 2021 corresponding to G.R. Case No.08 of 2021 on the file of learned J.M.F.C., Konark, registered for alleged commission of offences punishable under Sections 306/34 of the I.P.C., have filed this petition for their release on pre-arrest bail.

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

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As it appears, the petitioners are the parents of one Siba Das and the said Siba Das was in love with the deceased and eloped with her but, later on denied to marry her. When he was approached by the parents of the victim, he denied to have any acquaintance with the victim. However, ultimately he admitted his relationship with the victim but he did not agree to marry her, so also the petitioners who are the parents of Siba Das, were not ready to accept the deceased as their daughter-in-law. Further more, the materials would also go to show that the deceased had insisted the son of the petitioners to marry and on denial she expressed to commit suicide and when she committed suicide, the petitioners along with their son have been indicted in this case.

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Investigation in this case has substantially progressed. Nothing is there on record indicating the fact that the petitioners shall abscond and/or tamper with the prosecution evidence, if released on prearrest bail.

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Hence, on consideration of the aforesaid facts and submissions made, especially the nature of accusation and character of incriminating materials appearing against the petitioners for the charge under Section 306 of I.P.C., circumstances in which they have been committed and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the investigation, if released on prearrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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………………….. S.Pujahari, J.

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RKS

Basanta Manjari Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Manjari Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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