Musa @ Keshaba Sahu vs State Of Odisha
2021 Latest Caselaw 6234 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                BLAPL No. 2588 of 2021


            Musa @ Keshaba Sahu              ....              Petitioner
                                                  Mr.S.K.Dash, Advocate

                                -versus-
            State of Odisha                  ....          Opposite Party
                                                        Mr.M.K.Mohanty
                                             Additional Standing Counsel

            CORAM:
            JUSTICE S. K. PANIGRAHI

                                 ORDER

Order No. 09.06.2021

03 1. This matter is taken up by video conferencing mode.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner is an accused in G.R. Case No.65 of 2007(B) arising out of Khallikote P.S. Case No.20 of 2007 pending in the Court of learned J.M.F.C., Khallikote, registered for the offences under Sections 498-A/302/304-B/201/34 of the Indian Penal Code read with Section 4 of the D.P. Act.

4. The brief fact of the prosecution case is that the daughter of the informant was given marriage with Narayan Sahu in the month of Baisakha of 2002 as per prevailing custom and rites. At the time of marriage, the dowry articles were given as per the demand of the accused persons. But, subsequently, all the members of the in-laws' house tortured the deceased both physically and mentally. Ultimately, they killed her and cremated her dead body.

5. Learned counsel for the petitioner submits that initially the name of the petitioner had not been // 2 //

mentioned in the F.I.R. but subsequently the charge- sheet was filed against the present petitioner as he had participated in the cremation procession. The petitioner was no way related to the family members of the accused but as a good Samaritan helped in the last rite of the deceased. Except this, the petitioner had no role in commission of the alleged offences. It is further submitted that all the co-accused persons have already been acquitted by learned court below by its judgment dated 16.04.2019 passed in S.T. Case No.10 of 2019. Since the petitioner did not appear during committal procedure, the Police termed him as absconder, the case was split up against him and on the strength of warrant he was arrested on 10.03.2021. Since then he has been languishing in jail custody.

6. Learned counsel for the State though opposed the bail application but conceded the factum of acquittal of other co-accused who were involved in the commission of the alleged crime.

7. Considering the submissions made and the facts and circumstances of the case as well as period of detention in custody, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

i)the petitioner shall appear before the trial court on each date of hearing of the case;

ii)he shall not involve himself in any criminal activities while on bail; and

8. The BLAPL is, accordingly, disposed of.

9. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the petitioner may

// 3 //

utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March 2020.

(S. K. Panigrahi) Judge LNB