The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9461 of 2023 Sk. Rahemat & another …. Petitioners Mr. N. Behera, Advocate State of Odisha -versus- …. Opp. Party Mr. S.S.Mohaptra, ASC CORAM: JUSTICE M.S.SAHOO Order No.
Decision
ORDER 18.12.2023 Hybrid Mode 6. 1. The BLAPL has been filed u/s 439 of Cr.P.C. seeking release of the petitioner on bail, who is in jail custody in connection with Khaira P.S. Case No. 118 of 2023 corresponding to C.T. Case No. 451 of 2023 pending in the court of learned J.M.F.C., Soro, Balasore for alleged commission of offence under Sections 498(A)/326/304(B)/302/34 of I.P.C. & S. 4 of D.P. Act. 2. On 22.11.2023 the following order was passed : “1. Learned counsel for the petitioners submits that in the meanwhile the Final Prosecution Report has been submitted on 05.08.2023 and the petitioners are in custody since 09.04.2023 and 01.05.2023. 2. The learned Additional Standing Counsel for the State shall obtain up-to-date instruction/case diary and particularly the statement of the victim recorded in the form of dying declaration/statement under Section 164 of the Cr.P.C./statement under Section 161 of the Cr.P.C. before her death. As prayed for, list on 01.12.2023.” 3. On 1.12.2023 the order dated 22.11.2023 was reiterated and the following order was passed : // 2 // “1. Learned counsel for the petitioner submits that the petitioner no.2 is in custody since 01.05.2023 and she being a lady should be shown indulgence for grant of bail. 2. On being specially asked that whether any material is there not to array the petitioner no.2 as a accused/co-accused in the incident, learned Addl. Govt. Advocate submits that her presence at the home/place when the occurrence happened, is not disputed and the daughter-in-law of the petitioner no.2 has died unnaturally after suffering burn injuries in suspicious circumstances at the house of petitioner no.2 when she was present, which is being investigated. Learned Addl. Govt. Advocate is also directed to 3. obtain in terms of the order dated 22.11.2023 at para-2. By the said order the following directions were issued:- “2. The learned Additional Standing Counsel for the State shall obtain up-to-date instruction/case diary and particularly the statement of the victim recorded in the form of dying declaration/statement under Section 164 of the Cr.P.C./statement under Section 161 of the Cr.P.C. before her death.” instruction 4. Copy of the order dated 22.11.2023 and today’s order shall be handed over to the learned Addl. Govt. Advocate. List on 18.12.2023.” 4. Learned ASC submits that in response to the same he has sought for instructions and the concerned IIC i.e. IIC, Khaira P.S., District of Balasore has provided instruction by letter dated 29.11.2023 that the part of the further CD. Copies of the said instruction along with the extract of the CD The same is kept on record. Page 2 of 5 // 3 // 5. It is submitted by learned counsel for petitioner that the petitioner is in custody since 9.4.2023 and petitioner no.2 from 1.5.2023. Petitioner No.1 is the son and petitioner no.2 is the mother. They being husband and mother-in-law respectively. Learned counsel for petitioner submits that considering the period of incarceration and the fact that in the meanwhile final prosecution report having been submitted on 5.1.2023, the petitioners should be shown indulgence as far as prayer for bail is concerned. Learned counsel for the petitioners further submits that the petitioners are local residents and shall subject themselves to the jurisdiction of the learned court in seisin of the matter and shall abide by any of the terms and conditions that would be imposed if this Court is inclined to grant bail to the petitioners. 6. Learned Additional Standing Counsel referring to the materials contained in the CD, opposes the prayer for bail. 7. As will be evident from the orders dated 22.11.2023 and 1.12.2023, this Court wanted to verify from the prosecution agency as to the sequence of events that led to not recording statement of the victim who was alive having suffered 40% burn injury from the date of alleged occurrence on 1.4.2023 till 6.4.2023. She was taken initially to the District Headquarter Hospital at Bhadrak and then referred to the S.C.B.Medical College & Hospital, Cuttack where she was alive till 06.04.2023 till breathing the last. 8. From the F.I.R. it is evident that the father has lodged F.I.R. and stating that her daughter suffered burn injuries Page 3 of 5 // 4 // inflicted by the in-laws and he had brought his daughter for treatment. 9. From the narration/recordings in the CD dated 6.11.2023 it is indicated that the investigating agency have examined the treating doctor at SCB Medical College & Hospital, Cuttack, stating that no statement/dying declaration of the injured since deceased was recorded as there was no allegation regarding any untoward incident by any of the family members accompanying the injured victim when she was treated from 1.4.2023 till 6.4.2023 in the SCB Medical College & Hospital, Cuttack. The instruction/CD dated 06.11.2023 is taken on record. 10. Having heard learned counsel for the petitioners, learned ASC for the State and considering the material particularly the CD produced by the investigating agency, this Court is inclined to grant bail to the petitioners subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include a condition that any deviation from/violation of any of the terms and conditions, that would be imposed, shall result in filing of petition for cancellation of bail by the investigating agency/informant. The BLAPL is disposed of accordingly. Issue urgent certified copy as per rules. It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised Page 4 of 5 // 5 // in the pending trial before the learned court in seisin by either of the parties to the present petition. ……………………… (M.S.Sahoo) Judge dutta Signature Not Verified Digitally Signed Signed by: AJIT KUMAR DUTTA Designation: Secretary Reason: Authentication Location: ohc Date: 22-Dec-2023 20:38:54 Page 5 of 5