Md. Shakir vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Baripada Town P.S. Case No.967 of 2022 corresponding to C.T. Case No.2091 of 2022 pending in the file of learned S.D.J.M., Baripada, for commission of offences punishable U/Ss.450/394/341/323/307 of IPC r/w Sections 25/27 of Arms Act, on the allegation of stealing Rs.11,000/- by trespassing into the house of the informant and also attacking him to take away his life.

Heard, Mr. Smruti Ranjan Rout, learned counsel for the petitioner and Mr. S.S. Kanungo, learned AGA in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record including the FIR, which is lodged against unknown person and regard being had to the pre trial detention of the petitioner in custody since 24.11.2022 and the failure of the State to report any criminal antecedent against the petitioner and keeping in view the mode and manner of implication of the petitioner in this case, this Court considers that the petitioner has made out a case for grant of bail. This Court, however, finds force in the submission of learned AGA that since the petitioner is a resident of Mandhyapradesh, but was arrested from Ranchi, Jharkhand and the alleged offences being committed in the State of Odisha, some stringent conditions like furnishing local sureties, are required to be imposed upon him in the event of his enlargement on 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) only with two local 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 and

(ii) the petitioner in the course of trial 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) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month 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 grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail must verify the residential proof of the surety by taking the help of local police, if required and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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