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2025 DAILYLAW 10164 (ORI)

SARASWATI SAHOO @ PRADHAN v. STATE OF ODISHA

BLAPL/534/2025 · 2025-07-16

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.534 of 2025 Saraswati Sahoo @ Pradhan … Petitioner Mr. M. Verma, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP Ms. S. Pasayat, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.07.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Baranga PS Case No.446 of 2023 corresponding to ST Case No.84 of 2024 (GR Case No.1335 of 2023) pending in the file of learned 1st Additional Sessions Judge, Cuttack, for commission of offences punishable U/Ss.302/201 of IPC, on the allegation of committing murder of her mother-in-law. 3. At the outset, Mr. Manoj Verma, learned counsel for the petitioner apprises this Court that this is the 2nd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Heard, Mr. Manoj Verma, learned counsel for the petitioner, Ms. Sudhashree Pasayat, learned counsel for the informant and Mr. P. Satpathy, learned Additional Public Prosecutor in the present matter and perused the record. 4. It is submitted for the petitioner that she gave birth to a child in the jail, which was not disputed by the learned counsel for the informant. The petitioner is a lady and has been detained in custody since last one year and nine months with her baby child, but trial is yet to commence. 5. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against her and on going through the materials placed on record and regard being had to the status of the petitioner as a lactating mother and applying the first proviso appended to Section 480 of BNSS, this Court without expressing any view on merits admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating her present address of stay to the concerned Court. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer