Ketaki Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Ketaki Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin, subject to conditions (no offence while on bail; attendance on each trial date, failure without sufficient cause attracting proceedings under S.229-A IPC; no leaving trial-Court jurisdiction without prior permission; trial Court free to cancel bail without further reference).

Issue for consideration

Whether the petitioner, a lady accused in a murder case (Mahanga P.S. Case No.209 of 2021 / S.T. Case No.12 of 2022), in her third bail application under S.439 CrPC, should be granted bail given her custody since 25.09.2021, the unconcluded trial, and her conduct in surrendering after two spells of interim bail.

Court's answer

Taking into account the petitioner's long custody (more than two and a half years), her entitlement as a lady to the benefit of the first proviso appended to Section 437(1) CrPC, the trial remaining unconcluded, the examination of material witnesses, and her conduct in surrendering to custody after expiry of interim bail, the Court granted bail to the petitioner expressly without adverting to the materials on merit.

Ratio / Principle

The bail application stood allowed and the petitioner was permitted to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as deemed fit by it.

Key takeaways

If the petitioner fails without sufficient cause to appear in Court in accordance with the terms of the bail, the learned trial Court may proceed against the petitioner for offence under S.229-A IPC in accordance with law.ratio¶24
Bail was conditioned inter alia on: (i) the petitioner not committing any offence while on bail; (ii) attending the trial Court on each date of posting unless attendance is dispensed with; and (iii) not leaving the jurisdiction of the trial Court without prior permission till disposal of the case, with the petitioner giving the present address of stay.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (G. Satapathy, J.), order dated 22.03.2024 — Ketaki Behera v. State of Orissa, BLAPL No.12531 of 2023: Third bail application U/S.439 CrPC by a lady accused in Mahanga P.S. Case No.209 of 2021 corresponding to S.T. Case No.12 of 2022 pending before the learned Addl. District & Sessions Judge, Salipur, for offences punishable U/Ss.341/294/302/34 IPC on the alleged murder of one Gayadhar Behera along with co-accused persons. Petitioner in custody since 25.09.2021 (over two and a half years), trial unconcluded though material witnesses already examined, having earlier received interim bail on two spells of 60 days each and surrendered on expiry. Without adverting to merits, the Court granted bail taking into account the long custody, the petitioner's entitlement as a lady to the first proviso appended to Section 437(1) CrPC, and her surrender conduct. Bail on bonds of Rs.50,000/- with two solvent sureties of like amount; conditions: no fresh offence while on bail; attendance at trial Court on each posting date, failure without sufficient cause permitting proceedings under S.229-A IPC; no leaving trial-Court jurisdiction without prior permission till disposal; Court in seisin at liberty to cancel bail without further reference, subsequent involvement in grave/similar offences on prima facie accusations being a cancellation ground. BLAPL disposed of as allowed.