The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1105 of 2025 Harish Jaiswal …. Petitioner Mr. Dillip Kumar Mohanty, Advocate State of Odisha …. Opposite Party -versus-
Legal Reasoning
Mr. Manas Ranjan Mohanty, AGA CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 15.04.2025 This matter is taken up through hybrid mode. 2. The Petitioner is the accused in connection with S.T. Case No.92 of 2017 pending in the Court of learned Additional Sessions Judge, Jharsuguda, arising out of Jharsuguda P.S. Case No.348 of 2017 for commission of alleged offences under Sections 498(A)/302/304(B)/34 of IPC read with Section 4 of Dowry Prohibition Act. 3. Being aggrieved by the rejection of his application for bail U/s. 439 of Cr.P.C by the learned Additional Sessions Judge, Jharsuguda by order dated 06.11.2024 in the aforementioned case, the present BLAPL has been filed. 4. Heard Mr. Mohanty, learned Counsel for the Petitioner so also Mr. M.R. Mohanty, learned Additional Government Advocate for the State. Page 1 of 5 5. A query being made, learned Counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court. 6. This is the sixth journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.6146 of 2017 stood rejected vide order dated 20.11.2018 directing the learned Court in seisin to conclude the trial within a period of six months from the date of receipt of the said order, if there is no other legal impediment. BLAPL No.8838 of 2019 stood disposed of on 02.12.2020, as the same was withdrawn by the learned Counsel for the Petitioner. BLAPL No.7606 of 2021 was disposed of on 20.02.2023 by releasing the Petitioner on interim bail for a period of three months from the date of release. BLAPL No.7744 of 2023 & BLAPL No.1665 of 2024 were also disposed of vide orders dated 13.10.2023 & 19.07.2024 respectively granting interim bail for a period of three months in each of the said bail applications. 7. Mr. Mohanty, learned Counsel for the Petitioner submits, the deceased was mentally sick and was very short tempered and having abnormal behaviour and the Petitioner has been falsely implicated in the present case for alleged offences punishable under Sections 498(A)/302/304(B)/34 of IPC and Section 4 of D.P. Act. The Petitioner is in judicial custody since 10.06.2017 excepting for the period for which he was released on Page 2 of 5 interim bails. Mr. Mohanty further submits, the mother of the Petitioner, who is the co-accused in the present case, after her release on bail, died on 19th August, 2024, who was taking care of the minor son of the Petitioner, who is around 9 years old at present. After the death of his mother, nobody is there to take care of the minor son of the Petitioner and the son is leading almost a destitute life. 8. Mr. Mohanty, learned Counsel for the Petitioner further submits that out of 49 charge sheeted witnesses, only 09 witnesses have been examined till date and the conclusion of the trial may take much time and the Petitioner is in custody for more than seven years. 9. Mr. Mohanty submits, after availing the interim bails, on each occasion the Petitioner surrendered in right time before the learned trial Court. 10. Mr. Mohanty, learned Counsel, relying on the order of the Supreme Court in Javed Shah Abdul Shah Vs. State of Maharashtra and Another, reported in (2023) 92 OCR (SC)-898, submitted that in view of the period of incarceration of the Petitioner, he should be released on bail by imposing any conditions, as this Court deems just and proper. 11. Mr. M.R. Mohanty, learned Counsel for the State, drawing attention of this Court to the observations made by the learned trial Court in the impugned order so also observation of the coordinate Bench regarding dying declaration of the deceased opposes to such prayer for bail. Page 3 of 5 12. Considering the submissions made by the learned Counsel for the respective parties, this Court is not inclined to release the Petitioner on bail. However, at this stage, learned Counsel for the Petitioner prays for release of the Petitioner on interim bail for a period of six months demonstrating his past conduct regarding compliance of the previous orders of this Court so also the condition of the minor son of the Petitioner after the death of his mother, who was taking care of his son. 13. Taking into consideration the submission made by the learned Counsel for the respective parties and the facts detailed above as to the death of Petitioner’s mother so also present condition of his minor son, who is languishing a destitute life, detention of the Petitioner in judicial custody for about seven years, slow progress of the trial and the conduct of the Petitioner in complying with the earlier orders of interim bail granted by this Court, this Court is inclined to release the Petitioner on interim bail for a period of six months from the date of release of the Petitioner on such terms and conditions, to be fixed by the learned Court in seisin. 14. The Petitioner shall surrender before the learned trial Court immediately on expiry of the six months period. While on interim bail, the Petitioner shall appear before the trial Court on each date to which the case would be posted for hearing and will co-operate with the learned trial Court for disposal of the case. 15. It is expected that the learned trial Court will do well to examine the material witnesses preferentially Page 4 of 5 before the formal witnesses and so also do well to expedite the trial in the aforementioned case and conclude the same at the earliest. 16. With the said observation and direction, the BLAPL stands disposed of. 17. Urgent certified copy of this order be granted on proper application. Mona Judge (S.K. Mishra) Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 16-Apr-2025 20:16:44 Page 5 of 5