Mami Sahoo vs State Of Odisha
2023 Latest Caselaw 10524 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 9006 of 2023

                 Mami Sahoo                         ....                 Petitioner
                                                    Mr. A.U. Senapati, Advocate

                                             -versus-

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

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

31.08.2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with C.T. Case No.1002 of 2023, pending on the file of learned S.D.J.M., Bhubaneswar, arising out of Maitri Vihar P.S. Case No.205 of 2023 for commission of the alleged offence under Sections 147/148/341/323/325/326/354/354-B/307/149 of IPC.

3. Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C by the learned Sessions Judge (K) at Bhubaneswar by order dated 19.07.2023 in the aforementioned case, the present bail application has been filed.

4. It is submitted by the learned counsel that the petitioner is a lady and is in custody since 17.06.2023 and as she is the first offender, she may be released on bail.

5. On the basis of materials on record, it is submitted that no overt act is attributed to the petitioner.

6. Learned counsel for the State opposes the prayer for bail.

7. Taking note of the submission of the learned counsel for the petitioner that she is a lady, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. If at a later stage God forbid the accusation becomes one of graver nature, it shall be open to the prosecution to take steps in terms of the law laid down by the Apex Court in the case of 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.

9. While releasing the Petitioner on bail, learned Court in seisin is called upon to verify the criminal antecedent of the petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2023 20:00:49