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Judgment
30 paragraphs · 847 wordsV. Narasingh, J
Heard learned Senior Counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with C.T. Case No.1596 of 2022, pending on the file of the learned S.D.J.M., Jajpur, arising out of Bari-Ramachandrapur P.S. Case No.225 of 2022, for commission of alleged offences under Sections 341/294/307/506/324/326/34 of IPC and Sections 25/27 of Arms Act.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jajpur by order dated 19.01.2024 in the aforementioned case, the present BLAPL has been filed.
This is the fourth journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by this Court by order dated 10.02.2023 in BLAPL No.11888 of 2022. Thereafter, the bail application of the Petitioner was rejected by this Court by order dated 15.05.2023 in BLAPL No.4897 of 2023 and thereafter the bail application of the Petitioner was rejected by this Court by order dated 04.08.2023 in BLAPL No.7031 of 2023.
Considering the competing claims regarding the present health condition of the victim, this Court requested a Special Medical Board to be constituted by the Director, Capital Hospital and also the learned Secretary, DLSA to facilitate the examination of the victim.
The report of the Special Medical Board and the DLSA submitted in sealed cover is opened in Court and the said reports are taken on record and the same be treated as part of this order.
The final report of the Special Medical Board held on 21.02.2024 of the Capital Hospital on evaluation of health condition of the injured Smruti Ranjan Mallick, in terms of the order passed by this Court reads as under:-
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On dt. 21.02.2024 Mr. Smruti Ranjan Mallick was brought and identified by Padmalochan Mohanty 41 yrs HM, S/O Amulya Kumar Mohanty, PLV of DLSA, Bhubaneswar, accompanied by his wife Manasi Mallick and daughter Rosalini Mallick. This is a case of traumatic brain injury and he was previously examined by this special Medical board on dt.02.08.2023 by the order of Hon'ble High Court, Odisha. Today i.e on dt.21.02.2024 as per Order No.01 dated 15.02.2024 of the Hon'ble High Court, Odisha in BLAPL No.738 of 2024 the said person again appeared before the Spl. Medical Board at Capital
Hospital, Bhubaneswar and re-examined with following findings.
Patient is unconscious and unaware of the surroundings.
There is unpurposeful eye opening.
He is not responding to verbal commands.
On Motor examination there is spastic quadriparesis only responding painful stimuli.
Patient is on Ryles tube feeding and Foleys catheter is in situ and there is fecal incontinence.
Impression- Post traumatic brain injury sequel that is
PERSISTENT VEGETATIVE STATE(PVS).”
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Learned Senior Counsel for the Petitioner submits that the Petitioner is in custody since 21.07.2022 and as charge sheet has already been filed on 16.11.2022 and he is the first offender and since he is the only son of his parents, the bail application should be considered with leniency.
Learned counsel for the State opposes the prayer for bail in view of the health condition as quoted above and further referring to the statement of the injured Kirti Ranjan Mallick submits that the injury suffered by the injured Smruti Ranjan Mallick (examined by the Medical Board) is attributed to the Petitioner and the alleged weapon of offence “sword” was also discovered at the instance of the Petitioner in terms of his statement recorded under Section 27 of the Evidence Act.
On perusal of the report of the Medical Board, recitals in the Case Diary and submission of the learned counsel for the State regarding the role played by the Petitioner notwithstanding the period of custody, this Court is not inclined to entertain the bail application at this stage.
It is needless to state here that the observations made herein are only for the purpose of consideration of the bail application and the same ought not to be construed as this Court expressing any opinion regarding the complicity of the Petitioner and the same has to be adjudged independently in the impending trial.
Since the Petitioner is stated to be in custody from 21.07.2022, learned Court in seisin is requested to expedite the trial.
Accordingly, the BLAPL stands disposed of.
This Court places on record its deep appreciation for the expediency with which the Medical Board was constituted by the Director, Capital Hospital, comprising of the Senior Consultant Surgery, Senior Consultant Neurosurgery and Consultant Orthopaedic with Superintendent as Chairman.
15-A. And, the efforts made by the learned DLSA in facilitating such examination of the victim by the Medical Board is also commendable.
Registry is requested to communicate this order to the learned Court in seisin, the learned DLSA, Bhubaneswar and the Director, Capital Hospital, Bhubaneswar.
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