Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2727 of 2025 Parbati Paramanik …. Petitioner(s) Mr. Biswaranjan Dalai, Advocate -versus- State of Odisha …. Opposite Party
Mr.Sonak Mishra, ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order No.
ORDER 01.05.2025
F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 387 03.09.2024 Ersama C.T. Case No.104 of 2024 pending in the Court of learned Addl. District & Sessions Judge, Kujang Section 103(1) of the BNS, 2023
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. The petitioner being in custody in connection with Ersama PS Case No.387 of 2024 corresponding to C.T. Case No.104 of 2024 corresponding to pending in the Court of
learned Addl. District & Sessions Judge, Kujang, registered for the alleged commission of offence under Section-103(1) of the BNS, 2023, has filed this petition for her release on bail.
4. The fact of the prosecution case is that on 02.09.2024 the informant who is the son of the deceased lodged a written report before the Ersama P.S., alleging therein that on the same day in the morning hour, the present Petitioner assaulted his mother and after assaulting her, she pushed his mother into the river. Hence, the vein of the head of his mother got damaged and she became senseless. Due to such serious condition, his mother was shifted to CHC, Ersama and after preliminary treatment, she was further shifted to DHH, Jagatsinghpur. During her shifting on the way, his mother succumbed to the injury. Hence, this case.
5.
Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. He further submits that the Petitioner is in custody since 30.11.2024.
Learned counsel for the Petitioner further submits that in the meantime, charge-sheet has already been filed in this case. Hence, he submits that the Petitioner may be enlarged on bail.
6.
Learned counsel for the State vehemently opposes the bail prayer of the Petitioner in view of the nature of crime.
7. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner, the stringent punishment provided and that there are reasonable
grounds for believing that the Petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the prayer for bail is devoid of merit. Hence, her prayer for bail stands rejected. However, the learned trial court is directed to expedite the trial and conclude it at the earliest.
8. The BLAPL is, accordingly, dismissed.
(Dr. S.K. Panigrahi) Judge Narayan