Allowed

Illa @Saubhagyasmita Jena v. State of Odisha

Orissa HC10 Jun 2021ABLAPL/4215/2021

Case brief

AI extract

What is this about?

The Court, in the second application for anticipatory bail, grants relief to the Petitioner who is the mother of the accused. Holding that she faces no direct allegations but apprehension of arrest, directions are issued for her bail if arrested, subject to conditions against intimidating witnesses.

What did the court decide?

Anticipatory bail shall be granted if the Petitioner is arrested; she must pledge not to terrorize or threaten prosecution witnesses or the victim.

Illa @Saubhagyasmita Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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ABLAPL NO. 4215 OF 2021

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10.06.2021

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The matter is taken up by video conferencing mode.

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This is the second journey of the Petitioner in filing this application under section 438 Cr.P.C. for her release on bail in the event of her arrest in connection with Bhubaneswar Mahila P.S. Case No.41 of 2020 corresponding to C.T. Case No.3411 of 2020 running for the alleged commission of offence under section 323/420/378/506/376(2)((n) of the IPC pending on the file of the learned S.D.J.M., Bhubaneswar.

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Learned counsel for the Petitioner submits that on the earlier occasion, inadvertently some important facts had not been placed before the Court for which the prayer had been refused. He further submits that although no such allegation as to commission of the principal offences runs against this Petitioner, she being the mother of the accused Ishan Soren who is said to have the involvement in commission of the principal offence, there arises the apprehension that she may be arrested in the case. It is submitted that the Petitioner has been brought within the arena of the case being assigned with some roles having no such direct nexus with the alleged commission of the principal offences. It is submitted that these important facts being not specifically placed before the court on the earlier occasion, the role of this Petitioner being treated at par with the role assigned as ABLAPL No.127 of 2021 to the principal accused; the prayer of anticipatory bail to the Petitioner stood rejected during the first move. He submits that co-accused standing in the same footing with the Petitioner on earlier occasion has also been favoured with reconsideration with the prayer as now has been

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made by this Petitioner the second move. He, therefore, prays that keeping in view the nature of accusations as against this Petitioner and in the peculiar facts and circumstances, the prayer for grant of anticipatory bail needs re-consideration.

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Learned counsel for the State does not dispute the position that allegations as to commission of the principal offences do not run against this Petitioner.

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Considering the submissions and on going through the nature of accusations; further keeping in view surrounding circumstances of the case as also concerning the Petitioner; while being inclined to reconsider the prayer for grant of arrest of the Petitioner, it is directed that in the event the of arrest of the Petitioner, she shall be released on bail on such terms and conditions as would be deemed just and proper by the Arresting Officer with further condition that she will not terrorize or threaten the prosecution witnesses including the victim in any manner. The ABLAPL is disposed of accordingly.

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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 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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………….…………

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D. Dash, J.

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Narayan

Illa @Saubhagyasmita Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Illa @Saubhagyasmita Jena 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

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