SUNIL KUMAR KHETAN Vs. STATE

JUDGEMENT

(1.) THIS is the third time that the petitioner is before this Court in connection with G.R. Case No.1344 of 2005 relating to Jharsuguda P.S. Case No. 413 of 2005 which is now pending before the Court of learned Addl. Sessions Judge, Jharsuguda in S.T. No.24 of 2006.

(2.) THE co -accused -Bimal married to the daughter, namely, Manisha (hereinafter referred to as 'the deceased) of one Gajanand Agrawal, the informant. The marriage took place on 9.5.2005. Within five months of the marriage, the deceased was found dead in her bed -room in the matrimonial home on 1.10.2005. An information was lodged by said Gajanand Agrawal in the Jharsuguda Police Station alleging, inter alia, that the deceased was being tortured on account of demand of dowry, by her husband and other in -laws. The F.I.R. was registered under Sections 498 -A/302/304 -B/406/34 IPC read with Section 4 of the D.P. Act.

(3.) AFTER the matter was remitted back to this Court, learned Single Judge who dealt with the matter previously, heard the applications and disposed of the same by accepting the prayer for bail made on behalf of the present petitioner as well as his brother Bimal, the husband of the deceased. The said orders passed by this Court after rehearing the bail applications, was again challenged before the Apex Court in Criminal Appeal Nos.543 -544 of 2007. The Apex Court by its judgment dated 12.4.2007 which has been reported in 2007(3) Supreme 434 (Gajanand Agrawal v. State of Orissa and others) holding that the orders passed by this Court granting bail to the petitioner and his brother is indefensible, allowed the appeals and set aside the orders passed by this Court.