Sandhyarani Jena And Ors vs State Of Odisha
2022 Latest Caselaw 1160 Ori

Citation : 2022 Latest Caselaw 1160 Ori
Judgement Date : 9 February, 2022

Orissa High Court

Sandhyarani Jena And Ors vs State Of Odisha on 9 February, 2022

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.142 of 2021

       Sandhyarani Jena and Ors.                 ......                Appellants
                                                       Mr. P.K. Jena, Advocate

                                      -versus-

       State of Odisha                           ......            Respondent
                                                       Mrs. S. Patnaik, AGA

                              CORAM:
                              JUSTICE C.R. DASH
                              JUSTICE SAVITRI RATHO

                                      ORDER

09.02.2022

I.A. No.1359 of 2021 Order No.

07. 1. This matter is taken up through virtual mode.

2. Heard.

3. This an application for bail filed by Appellant No.5, the husband of the deceased.

4. Appellant No.5 along with others is alleged to have committed offence under Section 302/34 IPC and he has been convicted also under Section 302/34 IPC.

5. The prosecution has examined 15 witnesses. The independent witnesses are the neighbours, i.e., P.Ws.5 and 6, P.Ws.11 and 12 who have turned hostile. All the aforesaid witnesses have disclosed about accidental death of the deceased when her saree caught fire from the kerosene spilled on the floor while she was filling the lamp with kerosene.

There is also dying declaration of the deceased recorded by the Medical Officer. The dying declaration of the deceased is exculpatory in place of inculpatory. The dying declaration is to the same effect as testified by P.Ws.5, 6, 11 and 12.

6. Taking into consideration the impugned judgment and especially Paragraphs-29 and 30 of the impugned judgment, we feel inclined to admit Appellant No.5 to bail especially on the ground that, Appellant Nos.1, 2, 3 and 4 who are similarly circumstanced have already been granted bail vide order dated 01.12.2021. Accordingly, the learned 2nd Additional Sessions Judge, Balasore is directed to enlarge the Appellant No.5 on bail in S.T. Case No.3/390 of 2016/2015 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

7. The I.A. is accordingly disposed of.

8. Urgent certified copy of this order be granted as per rules.

(C.R. Dash) Judge

(Savitri Ratho) Judge

Murmu