Disposed

Swapna Sahu @ Sapna Sahu v. State of Odisha

Orissa HC29 Aug 2024ABLAPL/7807/2024

Case brief

AI extract

What is this about?

This court considered an application for anticipatory bail. Being inconclusive, the court did not grant it immediately but observed that the petitioners shall be released on bail upon surrender within three weeks with conditions set by the investigating Magistrate.

What did the court decide?

Petitioners to be released on bail upon surrender within three weeks before the learned Magistrate upon compliance of conditions.

Swapna Sahu @ Sapna Sahu Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7807 of 2024

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1) Swapna Sahu @ Sapna ..... Sahu

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Petitioners

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Sangram Sahu Represented By Adv. - Bijay Kumar Behera

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – S.S.Mohapatra, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

29.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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

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This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 506/507/294/306/34 of IPC in C.T Case no-1298/2023 of the Court of learned S.D.J.M., Bargarh arising out of Bargarh Rural P.S. Case No.157 of 2023.

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It is submitted by learned counsel for the Petitioners that the present petitioners have been falsely implicated in the present case. He further contended that the deceased committed suicide in an isolated place by hanging himself in a tree. Learned counsel for the Petitioners

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Page 1 of 3 .

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further submitted that the present Petitioners have no nexus with the suicidal death of the deceased. He further contended that the Petitioner No.1 is a girl who is aged about 21 years and the Petitioner No.2 is a boy who is aged about 20 years. He further contended that allegedly mother of the present Petitioners had a illicit relationship with the deceased and that as per the prosecution allegation, the deceased committed suicide after getting a call from the mother of the present Petitioners. On such ground, learned counsel for the Petitioners submitted that the present Petitioners have no role in the alleged crime.

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Learned counsel for the State on the other hand referring to the materials collected in course of the investigation submitted that the mother of the present petitioners was alleged having relationship with the deceased. He further submitted that the mother of the present petitioners made a telephonic call immediately before the deceased committed suicide. Therefore, role of the family members comes within the suspicion and as such the investigation is still on. On such ground learned counsel for the State submitted that the Petitioners are not entitled to the anticipatory bail.

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Considering the seriousness of the allegation, gravity of the offence and the facts of the case, further on a careful consideration of the materials on record, further keeping in view the specific role played by the present Petitioners in the alleged crime, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper. Violations of any of the conditions shall entail cancellation of the bail

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Page 2 of 3 .

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application.

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The ABLAPL is disposed of accordingly.

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Urgent certified copy of this order be granted as per rules.

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( A.K. Mohapatra) Judge

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Anil

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Page Signature Not Verified 3 of 3 .

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 30-Aug-2024 17:04:24

Swapna Sahu @ Sapna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Swapna Sahu @ Sapna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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