Binod @ D. Sriram And Another vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with C.T. Case No.118 of 2023 arising out of Sahadevkhunta P.S. Case No.49 of 2023 pending in the file of learned S.D.J.M., Balasore, for commission of offences punishable under Sections 379/34 of IPC, on the allegation of snatching away Rs.60,000/-(Rupees Sixty Thousand) kept in a hand bag in a bike.

In the course of hearing of the bail application, Mr. R. Chhotaray, learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case and the only material, by which the present petitioners have been implicated in this case, is their confession before police. On these grounds, learned counsel for the petitioners prays to grant bail to the petitioners or any one of the petitioners.

On the contrary, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioners by inter alia submitting that the petitioners are habitual offenders and they should not be granted bail, more particularly when investigation is going on.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioner No.1 in this case and his pre trial detention since 26.02.2023 and taking into account the huge number of criminal antecedents available against the petitioner No.2, this Court while rejecting the bail application of the petitioner No.2, admits petitioner No.1 to bail.

Hence, the bail application of the petitioner No.1 namely Binod @ D. Sriram stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

i) the petitioner No.1 shall not commit any offence while on bail

(ii) the petitioner No.1 shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with

(iii) the petitioner No.1 shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the petitioner No.1 shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C., of Jurisdictional Police Station shall not detain the petitioner No.1 unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner No.1 without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner No.1 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. However, in terms of the request of the learned counsel for the petitioners, petitioner No.2 may renew his prayer for bail after submission of charge-sheet.

Issue urgent certified copy of the order as per Rules.

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