Dhusa @ Dhusasana Mallick vs State Of Odisha
2023 Latest Caselaw 2761 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 1744 of 2023

             Dhusa @ Dhusasana Mallick            ....                  Petitioner
                                                       Mr. R. Achary, Advocate
                                           -versus-

             State of Odisha                      ....             Opposite Party
                                                          Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

04.04.2023 Order No.

02. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with G.R. Case No.806 of 2022, pending in the Court of the learned J.M.F.C., Nimapara, arising out of Astaranga P.S. Case No.191 of 2022.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nimapara by order dated 07.02.2023 in the aforementioned case, the present BLAPL has been filed.

4. This is the second journey of the petitioner to this Court.

5. It is stated that the petitioner is in custody since 30.08.2022 as preliminary charge sheet has been filed on 24.12.2022 inter alia under Section 304-B/498-A/306/406 of IPC read with Section 4 of Dowry Prohibition Act, 1961.

6. Learned counsel for the State opposes the prayer for bail and relies on the statement of the charge sheeted witnesses Bipina

Muduli-CSW No.9 and Purnananda Muduli-CSW No.11 respectively who are neighbours.

7. It is submitted by the learned counsel for the petitioner that there is the allegation of persistent demand of dowry for which the deceased took ultimate steps.

8. It is the further submission of the learned counsel for the State that since charge sheet has already been filed keeping the investigation open under Section 173(8) Cr.P.C. awaiting final post- mortem opinion, the petitioner ought not to be released on bail at this stage.

9. On consideration of materials on record, keeping in view the period of custody and the general nature of allegation, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Additionally, it is directed that in the event while filing the final charge sheet on the basis of the expert opinion regarding the cause of death which is awaited, the petitioner is implicated in a higher offence the Court in seisin shall act in accordance with the Judgment of Apex Court in Ms. X v. The State of Maharashtra and another (2023 SCC Online SC 279) affirming its earlier judgment in Pradeep Ram v. State of Jharkhand and another reported (2019) 17 SCC 326.

11. Accordingly, the BLAPL stands disposed of.

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

                                                             (V. NARASINGH)
Santoshi                                                          Judge