The High Court of Orissa allowed the petitioner's bail application under Section 439 Cr.P.C. in a case involving alleged dowry death and abetment of suicide, considering the time gap between marriage and the incident.
Petitioner granted bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties each on specified conditions.
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 AT CUTTACK BLAPL No.1492 of 2023
Lalit Jani
Petitioner
Mr. A.K.Pattajoshi, Advocate
-versus-
State of Odisha
… Opposite Party
Mr. S.R.Roul, ASC
CORAM: JUSTICE G. SATAPATHY
ORDER
22.06.2023
Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
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submits that the marriage between the petitioner and the deceased took place way back in the year 2015 and the date of occurrence is 11.06.2022 and thereby, the marriage had been taken place beyond seven years of the death of occurrence and, therefore, no offence U/S. 304-B of the IPC is attracted against the petitioner and the petitioner having being detained in custody since more than a year may kindly be granted bail.
Page 2 of 3
for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPL stands disposed of.
Rules.
(G. Satapathy) Signature Not Verified Judge
Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Kishore Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2023 14:06:32
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2 issues framed by the court
Whether the petitioner qualifies for bail in a charge of dowry death and abetment of suicide considering the time gap between marriage and occurrence.
Whether pretrial detention is a relevant factor for granting bail in this case.
4 provisions across 3 enactments
Lalit Jani
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G. Satapathy
Parties & counsel
