Kabita Hota Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Kabita Hota Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The revision petition was disposed of with the direction that the petitioner surrender before the learned J.M.F.C., Chilika seeking regular bail, and upon rejection approach the Camp Court of the learned 1st Additional Sessions Judge, Khurda at Banpur for orders to be considered and disposed of on the same day taking into account the plea of parity; urgent certified copy ordered as per rules.

Issue for consideration

Whether the petitioner, mother-in-law of the deceased and an accused in the offence under Section 306 IPC, should be extended parity with the two co-accused persons already released, through directions to the courts below regarding her release/bail.

Ratio / Principle

Without expressing anything on the merits of the parity claim, the Court held that the petitioner should be directed to surrender before the court of learned J.M.F.C., Chilika seeking regular bail.

Key takeaways

In the event of rejection of regular bail by the learned J.M.F.C., Chilika, the petitioner was to approach the Camp Court of learned 1st Additional Sessions Judge, Khurda at Banpur, where orders were to be considered and disposed of on the same day taking into account the plea of parity.ratio¶22

Detailed headnote1 paragraphs

Orissa High Court (R.K. Pattanaik, J.) disposed of CRLREV No.480 of 2025 filed by Kabita Hota, mother-in-law of the deceased, challenging an order dated 28.02.2023 (Annexure-2) of the learned J.M.F.C., Chilika in G.R. Case No.375 of 2022 arising out of Balugaon P.S. Case No.172 of 2022 concerning an offence under Section 306 IPC. The challenge to the impugned order was not pressed; instead, release on parity with two co-accused (father-in-law and husband of the deceased) already released was sought. Without expressing anything on merits of the parity claim, the Court directed the petitioner to surrender before the J.M.F.C., Chilika seeking regular bail, failing which to approach the Camp Court of the 1st Additional Sessions Judge, Khurda at Banpur for same-day consideration of the parity plea. Urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.480 of 2025

Kabita Hota

Petitioner

Mr. P.C. Jena, Advocate

-Versus-

State of Odisha

Opposite Party

Mr. P.K. Sahoo, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.09.2025

Order No.

Heard Mr. Jena, learned counsel for the petitioner and Mr. Sahoo, learned ASC for the State.

Instant revision is filed by the petitioner challenging the impugned order dated 28^th February, 2023 as at Annexure-2 passed in G.R. Case No. 375 of 2022 by the learned J.M.F.C., Chilika arising out of Balugaon P.S. Case No.172 of 2022 on the grounds stated.

However, in course of hearing, instead of challenging the impugned order i.e. Annexure-2, Mr. Jena, learned counsel for the petitioner submits that the petitioner is the mother-inlaw and in so far as the offence alleged is concerned, it is one under Section 306 IPC and two other accused persons, namely, father-in-law and husband of the deceased having been released in the meantime, a direction may perhaps be issued to the learned court below to consider her release as well extending

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parity with a decision thereon during the 1^st hour and in case of rejection, to approach the Sessions court.

Recorded the submission of Mr. Sahoo, learned ASC for the State.

Since parity is demanded on the ground that allegations are similar as against the petitioner like the other two accused persons, without expressing anything on merits of such claim, the Court is of the view that the petitioner should be directed to surrender before the court of learned J.M.F.C., Chilika seeking regular bail and in the event of its rejection to approach the Camp Court of learned 1^st Additional Sessions Judge, Khurda at Banpur for orders to be considered and disposed of on the same day taking into account the plea of parity.

6. Accordingly, it is ordered.

In the result, the revision petition stands disposed of with the direction as aforesaid.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally SignedTUDU Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 03-Sep-2025 12:36:42

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