Allowed

Prasanta Kumar Swain v. State of Odisha

Orissa HC11 Jun 2021BLAPL/4057/2020

Case brief

AI extract

What is this about?

In reconsideration of the petitioner's bail application in a murder and dowry death case, the High Court grants bail imposing conditions of personal appearance and non-fleeing, noting the petitioner has been in custody since May 2019.

What did the court decide?

Petitioner to be released on bail on terms and conditions including personal appearance on each posting and not leaving jurisdiction without permission.

Prasanta Kumar Swain Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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BLAPL NO.4057 OF 2020

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11.06.2021:

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The matter is taken up through video conference mode.

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This is the second journey of the Petitioner who is in custody in connection with Hinjili P.S. Case No.125 of 2019 corresponding to G.R. Case No.111 of 2019 pending on the file of learned J.M.F.C., Hinjilicut further corresponding to S.T. Case No.192 of 2019 pending on the file of the learned Addtioinal Sessions Judge, Chatrapur, Ganjam running for alleged commission of offence under section 498-A/302 of the IPC, in filing this application under section 439 of the Cr.P.C. for his release on bail.

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The prayer for grant of bail to the Petitioner had earlier been rejected in BLAPL No.10087 of 2019.

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Learned counsel for the Petitioner submits that this Petitioner being the husband of the deceased, has been implicated in the case as the death of his wife has taken place after about six years of marriage and that is said as not under normal circumstance. Placing the post mortem report, he contends that here the doctor conducting the autopsy over the dead body of the deceased has found no such serious external injury on the body of the deceased suggestive of the fact of any violence. It is submitted that the deceased was having some psychological ailment and for that reason, she was mostly avoiding the Petitioner, who is a school teacher. He further submits that the Petitioner had taken the deceased to Hyderabad for a change of mind where suddenly the deceased became serious there and despite the Petitioner’s immediate steps to take her to best hospital for treatment, she could not be saved being declared dead on her arrival. It is submitted that the allegation with regard to the demand of dowry and

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torture upon the deceased, in the facts and circumstances of the case, are not acceptable. With such material on record, the Petitioner having remained in custody since 21.05.2019, he urges for grant of bail to the Petitioner as according to him, his further detention in custody till conclusion of the Trial would serve no useful purpose.

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Learned counsel for the State opposes the move. According to him, the stage is too premature to take a view by accepting the submission of the learned Senior Counsel that the Petitioner that had no such role in the death of the deceased.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances as also the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that the petitioner shall appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the Trial; and shall not leave the jurisdiction of the Court in seisin of the case without prior permission.

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Violation of any of the above condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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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

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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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(D. Dash)

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Basu

Prasanta Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanta Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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