Allowed

Ramesh Chandra Ghadei v. State of Odisha

Orissa HC8 Dec 2023ABLAPL/9276/2023

Case brief

AI extract

What is this about?

The Court disposed of this ABLAPL petition. Rejecting anticipatory bail due to nature of accusations, the Court granted liberty to surrender and move for bail, allowing release on conditions. It relied on a hospital report indicating CVA as cause of death without foul play.

What did the court decide?

Liberty to surrender before the Court below within two weeks to move for bail and be released on bail on such terms and conditions as deemed fit by said Court.

Ramesh Chandra Ghadei Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.9276 of 2023

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Ramesh Chandra Ghadei and others

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Petitioners

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Mr. M.K.Chand, Advocate

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-versus-

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State of Odisha …. Opposite Party
Mr. M. Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
08.12.2023.

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Order No.

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This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State

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The Petitioners are apprehending arrest in connection with Banpur P.S. Case No.251/2023 corresponding to G.R. Case No.323/2023 pending in the court of learned J.M.F.C., Banpur for the alleged commission of the offence under Sections 498A/302/201/34 of I.P.C. and Section 4 of the D.P. Act.

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Page 1 of 4

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As directed, Dr. Dhananjay Das, Deputy Superintendent of Capital Hospital, Bhubaneswar has submitted a report regarding the circumstances of treatment, death and handing over of the dead body of the deceased to her relatives. The following are the conclusions of such inquiry as indicated in the inquiry report;

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(1) The patient, Shantilata Ghadai, was admitted in the Capital Hospital after being referred from the Community Health Centre, Banapur with the complaint/diagnosis of general weakness, dizziness, hypotension and GBP. After getting admitted in Capital Hospital, the initially diagnosis was Vertigo, and subsequently, after being referred to and being examined by Medicine Specialist, the diagnosis was CVA.

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(ii) After the patient was admitted in Capital Hospital, no external injury was found, and initially, when the patient was conscious and oriented, she did not complain about any foul play or any suspicion including poisoning. As the diagnosis was CVA, which the concerned dealing doctors concluded after taking into consideration the history, complaints of patient, different health parameters and symptoms, there was no basis or reason for the concerned doctors to suspect poisoning or any foul play or any other medico legal issues and to inform anything to police.

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(iii) As per the diagnosis, all the necessary investigations were done, treatments were given and medicines were administered based on the history and complaints of the patient as per the initial referral OPD ticket of the Community Health Centre, Banapur as well as those

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determined by the concerned dealing doctors after taking to and examining the patient.

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(iv) The cause of death of the patient, as per the Medicine Specialty, who had treated the patient Shantilata Ghadai on 23.6.2023, was CVA.”

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What is important to note from the above is the absence of any complaint of foul play by the deceased during her treatment. Moreover, the Doctors on duty also did not find any other material to suggest foul play including presence of external injuries.

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Under such circumstances, merely because the deceased was cremated after her death without any postmortem examination being conducted cannot lead to the inference of any foul play involved. Though the informant has made several allegations against the Petitioners in the F.I.R, the same appear to be omnibus in nature and in any case lose their significance when one compares it to the report of the Deputy Superintendent quoted above that the deceased herself had not made any complaint as regards any foul play. Moreover, her death is due to Cerebrovascular Accident (CVA), which is commonly known as brain stroke.

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Considering the nature of accusations and the materials on record while not being inclined to grant anticipatory bail to the Petitioners, the ABLAPL is disposed of granting liberty to the Petitioners to surrender before the Court below within two

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weeks from the date of receipt of certified copy of this order and to move for bail. In such event, they shall be released on bail on such terms and conditions as may be deemed fit and proper by the said Court. Further, they shall personally appear before the Court below on each date of posting of the case without fail.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra)
AKB Judge

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Dec-2023 11:10:06

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Ramesh Chandra Ghadei v. State of Odisha

Case brief

What is this about?

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Ramesh Chandra Ghadei v. State of Odisha

Case brief

What is this about?

What did the court decide?

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