This order allows regular bail to the petitioner, a widow accused in a murder case wherein her son is the principal accused, releasing her subject to stringent conditions after reviewing witness statements and medical evidence.
Petitioner released on bail on furnishing a bond of Rs.30,000/- with two local solvent sureties each for the like amount.
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.46 of 2024
Tanu Sethi
.....
Petitioner
Represented By Adv. - Rudra Narayan Parija
-versus-
State Of Odisha
.....
Opposite Parties Represented By Adv. – M.R.Mishra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
18.07.2024
Order No.
Page 1 of 4 .
Petitioner is in custody since 03.07.2023. He further contended that in the meantime the investigation has been concluded and final charge sheet has been filed on 26.10.2023. In course of hearing, learned counsel for the Petitioner referring to the statement of the witnesses recorded in course of the investigation. He further submitted that the principal accused, namely, Rajesh Sethi, who is the son of the present petitioner, assaulted the deceased. He further submitted that the deceased entered in to the house of the present Petitioner, who is a widow lady, and tried to outrage the modesty of the Petitioner. Thereafter, the son of the Petitioner, one Rajesh Sethi, reached at the spot and assaulted the deceased by means of bamboo stick, as a result of which the deceased fell down at the spot and he had been taken into the hospital for treatment. Learned counsel for the Petitioner submitted that during the treatment, the deceased had died. He further submitted that the witnesses, who have been examined by the Investigating Officer, have stated that the deceased entered in to the house and misbehaved the widow lady, who is the present Petitioner. He further submitted that the Petitioner has registered a case for alleged commission of offences under Section 452/354/354-A,354-B,294,323 of IPC which was registered as Jharsuguda P.S. Case No.374 of 2023 against the deceased.
Page 2 of 4 .
Petitioner contended that in the event this Court released the petitioner on bail, she will abide by any terms and conditions that would imposed by this Court in the event they are released on bail.
Page 3 of 4 .
satisfaction of the learned court in seisin over the matter.
( A.K. Mohapatra)
Judge
Anil
Signature Not Verified Page 4 of 4 .
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 19-Jul-2024 19:38:58
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case.
Whether the statement of witnesses and medical evidence affects the bail consideration.
1 provisions across 1 enactments
Tanu Sethi
State Of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
