Disposed

Sunil Kumar Giri v. State of Odisha

Orissa HC21 Apr 2022ABLAPL/14773/2020

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an anticipatory bail application. While considering the presumption of guilt under the Evidence Act due to the death of a sister-in-law within seven years of marriage, the Court directed that the petitioners first surrender to the trial court within two weeks and apply for bail before any release can be effected.

What did the court decide?

Directed petitioners to surrender to the trial court within two weeks and apply for bail before being released on bail.

Sunil Kumar Giri Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL NO.14773 OF 2020

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Sunil Kumar Giri & Another

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…. Petitioners Mr. S.P. Misra, Sr. Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. D.R. Parida, ASC, Mr. S.K. Das-2, Adv. (Informant)

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CORAM:

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MR. JUSTICE D.DASH

ORDER

Order No.

21.04.2022

This matter is taken up through hybrid arrangement (virtual/ physical) mode.

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The Petitioners having been implicated in connection with Kasafal Marine P.S. Case No.15 of 2020 corresponding to C.T. Case No.722 of 2020 registered for alleged commission of offence under section 498-A/302/34 of the IPC, pending in the court of learned J.M.F.C.(R), Balasore, have filed this application under section 438 Cr.P.C. for their release in the event of their arrest in the aforesaid case.

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Learned counsel for the Petitioners submits that the Petitioners being the in-laws of the deceased have been implicated in the case for the reason that the death of the sister-in-law has taken place within a period of seven years of marriage and that is not under normal circumstances. It is his submission that postmortem report is very clear as to the cause of death i.e. intake of poison and the doctor has also not noticed any other bodily injury suggestive of physical torture prior to the incident. In view

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of all these above and in the absence of any other impediment; he urges for grant of anticipatory bail to the Petitioners.

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Learned Counsels for the State as well as the Informant submit that these Petitioners being the parent-in-laws, on the face of the allegations as to demand and torture on account of nonfulfillment of the same when the death has taken place within a period of seven years of marriage that to not under normal circumstance the culpability of these Petitioners stands by attraction of the presumption under section 113A/113B of the Evidence Act.

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Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioners and in the absence of any other impediment, it is directed that in the event the Petitioners surrender before the court in seisin of the above mentioned case within two weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court with further condition that they will not threaten or terrorize the prosecution witnesses in any manner.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D. Dash), Judge.

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Narayan

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Sunil Kumar Giri v. State of Odisha

Case brief

What is this about?

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Sunil Kumar Giri v. State of Odisha

Case brief

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