Sundari Bag @ Sundrika Bagh Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Sundari Bag @ Sundrika Bagh Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to the Petitioner on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin, subject to conditions of good conduct, trial attendance, and restriction on leaving the territorial jurisdiction of the trial Court without prior permission; BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, a lady accused in custody since 06.03.2024 for offences punishable under Sections 302/34 IPC (alleged murder of Sadananda Bhoi along with her co-accused husband), deserves to be admitted to bail under Section 439 CrPC in connection with C.T. Case No.48 of 2024 pending before the learned Additional Sessions Judge, Dharamgarh.

Court's answer

Considering the nature and gravity of the alleged offence, the accusations against the Petitioner, her pre-trial detention since 06.03.2024, and the first proviso appended to Section 480 of BNSS in view of her status as a lady, along with other circumstances on record, this Court admits the Petitioner to bail without expressing any opinion on merits of the case.

Ratio / Principle

The Petitioner is to be released on bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the Court in seisin, subject to conditions: (i) she shall not commit any offence while on bail; (ii) she shall attend the trial Court on each posting unless dispensed with, failing which she may be proceeded against under Section 229-A IPC; and (iii) she shall not leave the territorial jurisdiction of the trial Court without prior permission until disposal of the case.

Key takeaways

The Court in seisin is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out; subsequent involvement of the petitioner in a grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.ratio¶27

Detailed headnote1 paragraphs

Bail under S.439 CrPC allowed to a lady accused in Golamunda P.S. Case No. 40 of 2024 / C.T. Case No.48 of 2024 (offences punishable under Sections 302/34 IPC, alleged murder of deceased Sadananda Bhoi along with her co-accused husband) pending before the learned Additional Sessions Judge, Dharamgarh. Having regard to the gravity of the accusation, pre-trial detention of the Petitioner since 06.03.2024, and the first proviso appended to Sec. 480 of BNSS in view of her status as a lady, the High Court admitted her to bail without expressing any opinion on merits, on a personal bond of Rs.25,000/- with one solvent surety, subject to conditions of attending trial on every posting, not committing any offence while on bail, and not leaving the territorial jurisdiction of the trial Court without prior permission. The trial Court was left at liberty to cancel the bail for violation of conditions, and it was clarified that subsequent involvement of the petitioner in a grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8027 of 2024

Sundari Bag @ Sundrika Bagh …

Petitioner

Mr. M.K. Mohapatro, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. B.P. Nayak, AGA

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

03.12.2024

This matter is taken up through Hybrid

Arrangement (Virtual/Physical Mode).

This is a bail application U/S.439 of CrPC by the Petitioner for grant of bail in connection with Golamunda P.S. Case No. 40 of 2024 corresponding to C.T. Case No.48 of 2024 pending in the file of learned Additional Sessions Judge, Dharamgarh for commission of offences punishable U/Ss 302/34 of IPC, on the allegation of committing murder of the deceased Sadananda Bhoi along with co-accused-husband.

Heard, Mr. Mohendra Kumar Mohapatro, learned counsel for the Petitioner and Mr. B.P. Nayak, learned AGA in the matter and perused the record.

After having considered the rival submissions and taking into account the nature and gravity of offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against her and regard being had to the pre trial detention of the

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Petitioner in custody since 06.03.2024 and taking into account the first proviso appended to Sec. 480 of BNSS keeping in view the status of the present Petitioner as a lady and further taking into account the other circumstances on record in entirety, this Court without expressing any opinion on merits of the case admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and she is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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 in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner

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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 grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

Priyajit

Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Dec-2024 14:16:17

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