Irma Musaki 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 petitioner for grant of bail in connection with C.T. Case No. 16 of 2023 arising out of Mathili P.S. Case No. 142 of 2021 pending in the file of learned Addl. Sessions Judge, Malkangiri for commission of offences punishable under Sections 147/148//121/121-A/307/149 of the IPC r/w Sections 25 & 27 of the Arms Act and Section 17 of Criminal Law Amendment Act, on the main allegation of attempting to the life of Police personnel by firing at them.

Heard, Mr. J.K. Panda, learned counsel for the petitioner and Mr. R.B. Mishra, learned AGA in the matter and perused the record.

Considering the rival submissions, nature and gravity of accusations raised against the petitioner and keeping in view the period of custody of the petitioner since 22.12.2021 and the fact of submission of charge sheet in this case, this Court admits the petitioner to bail.

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) 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 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. In case the petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law,

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

(v) the petitioner shall report attendance before the jurisdictional 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 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 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 similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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