Kasim Khan vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the appellant and learned counsel for the State.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.12/21 of 2023 arising out of Sambalpur Town P.S. Case No.124 of 2023 pending in the Court of learned 1st Additional Sessions Judge, Sambalpur for offences punishable under sections 147/148/323/326/302/307/153-A/149 of the Indian Penal Code read with section 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act.

Learned counsel for the appellant has filed a comprehensive affidavit wherein it is indicted that out of three cases, in one case, i.e., Samablpur Town P.S. Case No.124 of 2005, the appellant has been acquitted and in Sambalpur Town P.S. Case No.50 of 2015, charge sheet has been submitted only against Binayak Tahakur and so far as Sambalpur Town P.S. Case No.199 of 2015 is concerned, charge sheet has been submitted against the appellant for commission of offences under sections 307 and other offences of the I.P.C. which is now sub-judiced. He further submitted that the appellant is in judicial custody since 05.05.2023 and he has been charge sheeted under sections 147/148/323/326/302/307/153-A/149 of the Indian Penal Code read with section 3(1)(r)/3(2)(v) of the S.C. & S.T. (PoA) Act and investigation is kept open. He further submits that though the prosecution cited one Biswanath Sika as an injured eye-witness to the occurrence, he has filed an affidavit before the Court of Session wherein it has been indicated that the appellant was trying to rescue him during course of occurrence. Learned counsel further submitted that the accusations against the appellant are omnibus in nature and in view of the period of detention of in judicial custody, the bail application of the appellant may be favourably considered.

Learned counsel for the State on the other hand opposed the prayer for bail and argued that there are number of eye witnesses to the occurrence. He placed the statement of one Sankar Singh, who has stated that the appellant assaulted the deceased Chandramani Mirdha with a knife along with others. He also placed the post mortem examination report which indicates that the deceased has sustained as many as ten incised wounds and the cause of death was due to shock and haemorrhage.

Considering the submissions made by learned counsel for the respective parties, the nature and gravity of accusation, specific overt act attributed against the petitioner, the surrounding circumstances under which the crime has been committed and since the further investigation of the case is still under progress, at this stage, while not inclining to release the appellant on bail, liberty is granted to the appellant to renew the prayer for bail after examination of all the witnesses to the occurrence. In case, charge sheet is filed, the learned trial Court shall do well to expedite framing of the charge and at the first instance, take step for examination of the eye witnesses to the occurrence. The appellant is at liberty to renew his prayer for bail after examination of the eyewitnesses.

The CRLA is accordingly disposed of.

Issue urgent certified copy as per rules.

A copy of this order be communicated to the learned trial Court by the Registrar (Judicial) for compliance.

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