Accused in a dowry death prosecution sought bail after the trial court refused it. Noting an independent witness's account that the deceased committed suicide with no post-mortem evidence of physical injury, and parity with bailed co-accused, bail was granted with anti-tampering conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.14265 of 2023
Prasanta Kumar Panda …. Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. S.R. Roul, ASC Mr. J. Sahoo, Advocate for the Informant
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order
No.
ORDER
22.08.2024
bail. The learned Court below vide its order dated 07.11.2023, rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
“6. Learned State Counsel has produced case diary, which contains the statements of the witnesses
examined by the I.O. including the next door neighbour. He being an independent person has stated that as per his knowledge the deceased committed suicide in her own room after bolting the door from inside . The post-mortem report does not reveal any external injury on the body of the deceased so as to support the allegation of physical cruelty. ”
(ii) He shall not involve in any similar type of
offence.
Violation of any of the bail conditions shall entail cancellation of bail granted to the petitioner. The prosecution is given liberty to move an application for cancellation of bail before the Court below, if the petitioner violates any conditions of the bail granted to him.
(S.S. Mishra) Judge
amit
Signature Not Verified
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 23-Aug-2024 16:57:41
1 issue framed by the court
Whether the accused in a dowry-death case should be granted bail given co-accused had received anticipatory bail and custody duration?
3 provisions across 3 enactments
Prasanta Kumar Panda
State of Odisha
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
