Single Judge allowed the petition for bail under Sec. 439 Cr.P.C. granting release on conditions pending trial.
Release of petitioners on bail on conditions to not influence witnesses and to appear on each date fixed for trial.
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.
BLAPL No. 1909 of 2021
1. Pratima Sahoo @ Jema 2. Sabyasachi Sahoo …. Petitioners
-Vrs.-
State of Odisha …. Opp. party
This application under Sec. 439 Cr.P.C. has been filed by the petitioners in connection with Khuntuni P.S. Case No.99 of 2020, corresponding to C.T. Case No. 367 of 2020 pending in the Court of learned S.D.J.M., Athagarh for commission of offences punishable under Sections 147/148 / 294/ 506/ 302/ 149 of I.P.C.
The petitioners had moved BLAPL No. 48 of 2021 which has been rejected by the learned Addl. Sessions Judge, Athgarh vide order dated 02.03.2021.
Learned counsel for the petitioners submits that investigation in the case is over and charge sheet has been submitted on 16.11.2020 and the petitioners are in jail custody since 17.02.2021. He further submits that on account of civil dispute, false allegations have been made against the petitioners and all their family members. As there was a free fight, Khuntani P.S. Case No. 100 of 2020 has been registered, against the informants group for commission of offences punishable under Sections 447,323,426,354-B,336,435,34 of the I.P.C on the report of co-accused Sarat Sahoo. He further submits that in the present case, five injuries were detected on the deceased but sixteen persons have been arrayed as accused including women and a juvenile and that some of the
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co-accused persons standing on similar footing have been released on bail by this Court in BLAPL No. 6061 of 2020, BLAPL No. 7214 of 2020 and CRLREV No. 393 of 2020 Learned Additional Standing Counsel, Mr. S. S. Mohapatra states that the petitioners are the wife and son of the main accused Basanta Sahoo. He further submits that in a pre planned manner armed with various weapons, they have assaulted the deceased and therefore a case under Sections 302/149 of I.P.C. and other offences is made out against them for which they should not be released on bail.
From the statement of the witnesses it is apparent that they have made omnibus allegations of assault against the petitioners and others but have specifically stated that one Basanta Sahoo has assaulted the deceased Gayadhar by a “Farsa” on his head while Sarat and Susant have assaulted him with “Tangia” and “Sabala”. Four corresponding external injuries were detected on the deceased.
Considering the submissions of the learned counsel for the parties, nature of allegations against them and release of some of the co accused on bail, I am inclined to allow their prayer for bail.
Let the petitioners Pratima Sahoo @ Jema and Sabyasachi Sahoo be released on bail on such terms and conditions as deemed just and proper by the learned Court in seisin over the matter, including the following conditions:
The BLAPL is accordingly disposed of.
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
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the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
………………..…… Savitri Ratho (Judge)
Prasant
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1 issue framed by the court
Whether the petitioners should be released on bail despite pending charges for serious offences including murder and affray.
1 provisions across 1 enactments
Pratima Sahoo @ Jema
Sabyasachi Sahoo
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
