SATYABADI PARIDA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THE Petitioner in this application under Section 482, Cr. P.C. seeks to invoke the inherent power of this Court to set aside the order of the learned Sessions Judge, Puri, in Criminal Misc. Case No. 633 of 1991, whereby the bail granted to him by the learned Assistant Sessions Judge, Nayagarh, has been cancelled. The Petitioner and his parents are arraigned as accused in Nayagarh P.S. Case No. 109 of 1991 under Sections 498 -A and 306/34, I.P.C. read with Section 4 of the Dowry Prohibition Act.

(2.) SHORTLY stated, the prosecution case as set out in the F. I.R., is that the Petitioner married lndumati (hereinafter referred to as 'the deceased') according to Hindu rites and customs on 9 -3 -1988. On account non -fulfilment of demand for dowry, the Petitioner and his parents tortured her, as a result, she committed suicide. On 11 -7 -1991 on being informed, the informant, brother of the deceased, came to Petitioner's house and found the deceased lying dead. Thereupon he lodged information at Nayagarh P.S. on the basis of which the aforesaid case was registered against the Petitioner and his parents for the offences aforementioned.

(3.) THE moot question for consideration before the learned Sessions Judge was whether the learned Assistant Sessions Judge exercised discretion vested in him judiciously keeping in mind the principle of law as settled by the Apex Court on the question of bail. As it appears from the impugned order the learned Sessions Judge doubted the fairness of Assistant Sessions Judge in the matter. The relevant observation made in that regard is' extracted herein below,