Ganeswar Sahoo vs State Of Odisha
2023 Latest Caselaw 8502 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 8040 of 2023

             Ganeswar Sahoo                      ....                  Petitioner
                                                      Mr. S.R. Mulia, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                          Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

03.08.2023 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.(S) No.112 of 2023, pending before the Court of the learned Additional Sessions Judge, Dhenkanal arising out of Dhenkanal Sadar P.S. Case No.697 of 2022, for alleged commission of offences under Sections 498-A/304-B/406/34 of IPC read with Section 4 of D.P. Act.

3. Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dhenkanal by order dated 04.07.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the petitioner is in custody since 10.01.2023.

5. It is stated that initially the FIR was registered under Sections 498-A/302/304-B/34 of IPC after investigation charge sheet has been submitted on 10.05.2023 inter alia under Sections 498-A/304-B/406/34 of IPC read with Section 4 of D.P. Act.

6. It is stated by the learned counsel for the petitioner that the allegations are general in nature and referring to the post mortem report submits that there are no external injuries and cause of death is due to ante mortem hanging.

7. Learned counsel for the State, Mr. Pradhan draws the attention of the Court to the post mortem report wherein the I.O. has been asked to obtain final opinion on the basis of viscera sent to SFSL.

8. On a conspectus of materials on record, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9. It is made clear that if on the basis of the viscera report the petitioner is to be charged for a higher offence, it shall be open to the Investigating Agency to take steps in accordance with law in terms of the apex Court judgment 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.

10. Accordingly, the BLAPL stands disposed of.

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

Signature Not Verified                                                      (V. NARASINGH)
Digitally Signed
Signed by: AYESHA ROUT                                                           Judge
Reason: Authentication     Ayesha
Location: High Court of Orissa
Date: 04-Aug-2023 19:30:44