LAWS(ORI)-2022-8-24

SARASWATI SWAIN Vs. STATE OF ORISSA

Decided On August 03, 2022
Saraswati Swain Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.498-A/436/307/302/304-B/34, I.P.C. and Sec.4 of the D.P. Act.

(2.) Heard Mr. D.K. Sahoo, learned counsel for the Petitioners as well as Mr. B. Panigrahi, learned A.S.C. for the State-Opposite Party.

(3.) It is submitted that both the Petitioners were woman and Petitioner No.1 is aged about 60 years, who is the mother-in-law, and Petitioner No.2 is aged about 31 years, who is the unmarried sister-in-law, of the deceased and they are inside custody since 3/12/2018. It is further submitted that in the meantime 21 witnesses have been examined and all such witnesses, except the informant and his relatives, have turned hostile. It is also submitted that the alleged story of oral dying declaration is not believable keeping in view the extent of injuries, which is 98%. It is further submitted that other co-accused persons have been released on bail in the meantime.