Sanjay Tandia vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with S.T. Case No.88 of 2023 pending on the file of learned ACJM-cum-ASJ, Rourkela, arising out of Bisra P.S. Case No.132 of 2022 for commission of offence alleged under Sections 341/294/323/324/395 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. C.J.M.-cum-A.S.J., Rourkela by order dated 16.02.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. The Petitioner was released on bail by this Court by order dated 16.01.2024 in BLAPL No.13248 of 2023 taking into account that he has been remanded to custody in the case at hand on 28.10.2022 and the charge sheet has already been filed on 24.02.2023. While so releasing, this Court took note of three criminal antecedents of the Petitioner and the learned Court in seisin is requested to verify as to whether the statement relating to the antecedents is correct or not.

During course of considering his release, it came to the notice of the learned Court in seisin that Petitioner has three more antecedents. Hence, learned Court in seisin rejected his bail application.

An affidavit has been filed at the behest of the Petitioner indicating that the Petitioner has been implicated in six cases including the three already noted by this Court.

It is stated that the non-mentioning of the additional three antecedents are out of inadvertence and because of communication gap with the conducting counsel. Hence, that may not be held against the Petitioner.

Learned counsel for the State opposes the prayer for bail and submits that since the Petitioner did not approach this Court with clean hands, he ought not to be released on bail.

Taking into account the filing of charge sheet and the Petitioner is on bail in rest of the cases, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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