Ramakanta Sahoo & Others vs State Of Orissa

G. Satapathy, J

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

This is the second bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Dhenkanal Sadar P.S. Case No.910 of 2023 corresponding to G.R. Case No.1624 of 2023 pending in the file of learned S.D.J.M., Dhenkanal, for commission of offences punishable Under Sections 147/148/341/294/323/324/307/149 of IPC r/w Section 25(1-A) of Arms Act, on the allegation of assaulting the informant by deadly weapons like sword and stick.

Mr.Asit Kumar Jena, learned counsel appearing on behalf of Mrs. Krishnajali Panda, learned counsel for the petitioners by drawing attention of the Court to the affidavit stated to be sworn in by the elder brother of petitioner No.2 submits that this is the second bail application of the petitioners and no bail application of the petitioners is pending before any other forum. He further submits that the petitioners having detained in custody since 22.12.2023 after their voluntary surrender before the Court and in the meanwhile, charge sheet has already been submitted in this case. Mr.Jena accordingly prays to grant bail to the petitioners.

On the other hand, Mr.S.S.Pradhan, learned AGA by referring to the injury report of the informant submits that not only the injured has sustained eight injuries, but one out of such injuries is grievous in nature and the petitioners having assaulted the informant by means of deadly weapons, are not entitled to the relief of bail.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioners, so also the nature of accusation sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody with submission of charge sheet in the meanwhile and taking into account the other circumstance on record in entirety including the nature and seat of the injuries as sustained by the informant, this without expressing any opinion on the merits of the case, grants bail to the petitioners.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each only 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners 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 Petitioners for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and

(iv) the petitioners 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 three(03) months from the actual date of their release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their 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 petitioners in future for similar/grave 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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