KUSUMA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrids arrangement (virtual/ physical) mode.

(2.) This is the successive journey of the Petitioner in filing this application under Sec. -439 of the Cr.P.C. who is in custody in connection with Banki P.S. Case No.84 of 2018 corresponding to G.R. Case No.84 of 2018 arising out of S.T. No.133 of 2018 pending on the file of the learned Sessions Judge, Cuttack running for commission of offence under Sec. -302 of the IPC for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case.

(3.) Learned Counsel for the Petitioner submits that the Petitioner being arrested in the case is in custody since 20/3/2018 and as yet the trial has not been concluded. He further submits that the important witness in the prosecution, i.e., P.W.3 has already cross-examined and discharged and she during her cross-examination has resiled from her previous version. He also submits that this Petitioner being in custody since long, her children who are remaining outside are suffering like anything and till now some relations having provided help to them, they have continued which hereinafter is no more possible without this Petitioner being by their side in making further arrangement. In view of all these, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering of evidence does not arise, he urges for reconsideration of the prayer for grant of bail to the Petitioner, as according to him, further detention of the Petitioner till conclusion of trial would not be in the interest of justice.