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Deba Kartami vs State Of Odisha

Orissa High Court · Decided on 29 November 2023 · Citation: (2023) 11 OHC CK 0093

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 121, 121A, 122, 124A, 149, 307 · Arms Act, 1959 — Section 25, 27 · Explosive Substances Act, 1908 — Section 3, 4, 5, 6 · Criminal Law (Amendment) Act, 2013 — Section 17 · Unlawful Activities (Prevention) Act, 1967 — Section 16(1)(b), 18, 20
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3461 Of 2023
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Judgment

15 paragraphs · 521 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Mathili P.S. Case No.84 of 2019 arising out of C.T. Case No.28 of 2022 pending in the file of learned Addl. Sessions Judge, Malkangiri, for commission of offence punishable under Sections 120-B/121/121-A/122/124-A/307/149 of IPC read with Section 25/27 of Arms Act, Section 3/4/5/6 of E.S. Act, Section 17 of Criminal Amendment Act and Section 16(1)(b)/18/20 of UAP Act, on the allegation of setting explosive material under the earth which exploded and caused injuries to two SOG Jawans and one private person.

3.

Heard Mr. J.K. Panda, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.

4.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and FIR being lodged against unknown persons vis-a-vis the allegation made in the FIR being against 40 to 50 persons for planting the IEDs and regard being had to the pre-trial detention of the petitioner since 09.03.2021 and taking into account the other circumstance on record in entirety including release of co-accused persons Masa Kabasi and another on bail in BLAPL No. 8991 of 2022 and Gangu Padiami and another on bail in BLAPL No. 2665 of 2023, this Court admits the petitioner to bail.

5.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties 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 shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner 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 petitioners 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 in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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