Orissa High Court
Rama Chandra Parida vs State Of Odisha on 1 October, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.09 of 2022
Rama Chandra Parida
and others ..... Appellants/
Petitioners
Mr. Sushanta Kumar Das
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 01.10.2024
I.A. No.190 of 2024
09. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail filed by the appellant-petitioner No.3
Rajani Parida.
The appellant-petitioner no.3 Rajani Parida along
with others has been convicted for the offences
punishable under sections 302, 304-B, 498-A/34 of the
Indian Penal Code read with section 4 of the Dowry
Prohibition Act and sentenced to undergo rigorous
imprisonment for life and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo rigorous
imprisonment for a period of one year for the offence
under section 302/34 of the Indian Penal Code, to
undergo R.I. for ten years for the offence under section
304-B/34 of the Indian Penal Code, to undergo R.I. for a
period of three years and to pay a fine of Rs.1,000/-
(rupees one thousand), in default to undergo R.I. for a
period of three months for the offence under section
498-A/34 of the Indian Penal Code and to undergo R.I.
for six months for the offence under section 4 of the
Dowry Prohibition Act and all the offences were directed
to run concurrently by the learned 3rd Addl. Sessions
Judge, Cuttack vide judgment and order dated
17.12.2021 passed in Sessions Trial Case No.141 of
2016.
Learned counsel for the appellant/petitioner
submitted that the petitioner was taken into judicial
custody in connection with this case on 06.03.2015 and
she was never released on bail. Learned counsel further
submitted that the husband of the petitioner has been
directed to be released on bail by this Court as per order
dated 15.07.2024 in I.A. No.10 of 2024 and the
petitioner is similarly situated and she is a lady and in
view of period of her detention in judicial custody and
since this appeal is of the year 2022, there is no chance
of early hearing and therefore, the bail application may
be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the
petitioner is the mother-in-law of the deceased and she
has been implicated in this case basing upon the dying
declaration of the deceased and it is a case of burn
injury. Learned counsel, however fairly submitted that
the petitioner is similarly situated like her husband
Rama Chandra Parida, who has been directed to be
released on bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, period of detention of the
petitioner in judicial custody and since similarly situated
co-accused Rama Chandra Parida has been released on
bail and absence of any chance of early hearing of the
appeal in the near future, we are inclined to release the
petitioner on bail.
Let the appellant-petitioner no.3 Rajani Parida be
released on bail pending disposal of the appeal on
furnishing bail bond of Rs.50,000/-(rupees fifty
thousand) each with two solvent sureties each for the
like amount to the satisfaction of the learned trial Court
with such terms and conditions as the learned Court
may deem just and proper.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Oct-2024 15:11:31
