Rocky @ Muna Dehury 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 petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1795 of 2019 arising out of Choudwar P.S. Case No.393 of 2019

pending in the Court of learned J.M.F.C. (Rural), Cuttack for offences punishable under sections 332/307 of the Indian Penal Code and sections 25

and 27 of the Arms Act.

The prayer for bail of the petitioner was rejected by the learned 3rd Additional Sessions Judge, Cuttack vide order dated 11.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.10.2019 and he has been charge sheeted under sections

332/307 of the Indian Penal Code and sections 25 and 27 of the Arms Act. He further submitted that the occurrence in question took place on

14.10.2019 and no one from the prosecution side had sustained any injury due to alleged gunshot fired by the petitioner from his pistol, on the other

hand, the petitioner has sustained gunshot injury on his leg due to firing by the police and therefore, the bail application of the petitioner may be

favourably considered. He has filed a comprehensive affidavit relating to the status of the criminal antecedents against the petitioner in which it is

mentioned that in some cases, final report has already been submitted to show that there was no clue in the cases and in some cases, the petitioner

has been released on bail and in one case, which is a case under section 302 of the Indian Penal Code, the bail application has been rejected by this

Court.

Learned counsel for the State has produced the case diary and fairly submitted that no one from the side of the prosecution has sustained any injury,

however, he stated that from the possession of the petitioner, one pistol, ammunitions and live cartridges were recovered at the time of arrest of the

petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since attempt has

been made by the petitioner to fire at the police personnel and the petitioner has got number of criminal antecedents including case under section 302

of the Indian Penal Code, at this stage, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.

However, taking into account the period of detention of the petitioner in judicial custody since 31.10.2019, I direct the learned J.M.F.C. (Rural),

Cuttack to take expedite steps for commitment of the case to the Court of Session, if there is no other impediment and after commitment, the learned

trial Court shall expedite the trial.

The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned Magistrate for compliance.

Issue urgent certified copy as per Rules..

……………………………….