In a writ petition, the High Court of Odisha granted bail to aged parents-in-law facing dowry-related torture and murder charges, ruling that their release would not impede the investigation and offering a low risk of absconding.
Petitioners are directed to be released on bail by the arresting officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.49 of 2020
1. Babaji Sutar
2. Kuni Sutar … Petitioners
-versus –
State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up by video conferencing mode.
The petitioners apprehending their arrest in Patkura P.S. Case No.386 of 2019 corresponding to G.R. Case No.1972 of 2019 in the court of learned S.D.J.M., Kendrapara registered for alleged commission of offences punishable under Sections 498-A/302/304-B/34 IPC read with Section 4 of the D.P Act have filed this petition for their release on pre-arrest bail.
It is submitted by the learned counsel for the State that the death is suicidal in nature and the deceased stated to have committed suicide on account of the torture meted to her for non-fulfillment of illegal demand of dowry of the petitioners and other in-laws members including her husband.
The petitioners are old and aged parents-in-law. The allegation against them is omnibus in nature. Investigation has substantially progressed. No material is there to suggest
2
that the petitioners’ release on pre-arrest bail shall be a hindrance to the free and fair investigation.
On consideration of the aforesaid facts, especially the nature of accusation made against the petitioners, circumstances in which they have been indicted in the aforesaid case, coupled with the fact that the petitioners’ release on pre-arrest bail shall not be a hindrance to the free and fair investigation and more so when least is the chance of their absconding, if released on bail, this Court is of the view that the petitioners deserve to be released on pre-arrest bail.
Accordingly, 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.
The ABLAPL is, accordingly, disposed of being allowed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
PKS
3 issues framed by the court
Whether the petitioners should be granted bail pending arrest.
Whether the possibility of absconding justifies denial of bail.
Whether release on bail would hinder the investigation.
2 provisions across 2 enactments
Babaji Sutar
Kuni Sutar
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
