Sanjit Kumar Parija vs State Of Odisha

M.S. Sahoo, J

By order dated 30.03.2022, a Co-ordinate Bench of this Court granted interim bail by issuing direction as indicated herein:

“1. This matter is taken up through Hybrid arrangement (virtual/physical mode).

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.

Perused the case diary, F.I.R. and statements of the witnesses recorded by the Police.

This is an application for bail filed by the Petitioner in connection with Badambadi P.S.Case No.199 of 2021, corresponding to G.R.Case No.935 of 2021, pending in the Court of the learned J.M.F.C.(City), Cuttack for alleged commission of offence under Sections 420, 506 of the Indian Penal Code.

Learned counsel for the Petitioner submits that the Petitioner may be granted interim bail for a period of two months to enable him to arrange money for return the same to the complainant.

Learned counsel appearing for the State on the other hand has no objection in the event the Petitioner returns the money to the complainant then he may be released on bail.

Considering the submission of the respective parties, this Court is inclined to release the Petitioner on interim bail for a period of eight weeks from the date of release of the Petitioner subject to furnishing bail bond of Rs.30,000/-(Rupees Thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter with condition that the Petitioner shall not threaten or terrorize the complainant and shall appear before the concerned Police Station once in a week preferably on Sunday between 10 A.M. to 1 P.M. during the period of interim bail and after completion of interim bail period, he shall surrender positively before the court in session over the matter and shall file the surrender certificate by the next date. Learned Court in seisin over the matter shall also fix any additional conditions as deemed fit and proper in the facts and circumstances of the case.

Issue urgent certified copy as per Rules.”

Though it was directed by this Court specifically at paragraph-7 of the order dated 30.03.2022 that the petitioner shall surrender positively before the court in seisin of the matter and file the certificate of surrender by the next date, the matter has never been listed thereafter nor there is any indication when the petitioner got released on interim bail and when he is/was supposed to.

I.A.  No.1630  of  2023  has  been  filed  on 07.12.2023 wherein it is stated that the petitioner was released on interim bail on 10.11.2023 by the learned court below and on the same day he was released from judicial custody.

In the meanwhile, the lawyer appearing for petitioner has changed. Mr. Rashmikanta Mahalik, learned counsel placed the I.A. today before this Court stating that the period of eight weeks on interim bail is expiring today, i.e. on 11.12.2023.

On the face of it, it is inexplicable as to how if the petitioner was granted interim bail on 10.11.2023 by the learned court below pursuant to the order of interim bail granted by this Court on 30.03.2022, the period of eight weeks would be over on 11.12.2023 instead of 12.01.2024.

This Court repeatedly requested the learned counsel for the petitioner to produce the order of release from the court as there is gross inconsistency in the statement made in petition as far as the date of release and the period of completion of eight weeks is concerned.

The learned counsel submits that he does not have copy of the same as the same has not been provided by the petitioner. The Registry shall obtain the order of release of the petitioner from the learned J.M.F.C.(City), Cuttack in G.R. Case No.935 of 2021 corresponding to Badambadi P.S. Case No.199 of 2021.

It is indicated in the paragraph-2 of the petition that at present G.R. Case No.935 of 2021 in the court of learned J.M.F.C.(City), Cuttack is pending corresponding to P.S. No.199 of 2021. This order shall be forwarded to the learned court in seisin of the matter through the learned District & Sessions Judge, Cuttack to do the needful to provide the instruction at 3.00 P.M. today.

The matter is to be taken up at 3.00 P.M today.

LATER AT 3.06 P.M.

As  directed  today  by  order  no.4  dated 11.12.2023, the order was communicated to the office of the learned District & Sessions Judge, Cuttack for compliance.

Accordingly, the report has been received through the Registry of this Court from the office of the Judicial Magistrate First Class (City), Cuttack by letter no.1134 dated 11.12.2023. The said report is taken on record.

The report indicates that on 11.10.2023 as per the directions of this Court by order dated 30.03.2022 in BLAPL No.6911 of 2021 arising out of Badambadi P.S. Case No.199 of 2021 corresponding to G.R. Case No.935 of 2021, the petitioner has been granted interim bail on 11.10.2023. Copy of the said order received along with the letter no.1134 dated 11.12.2023 is also kept on record.

From the above, it appears that the date of release of interim bail mentioned as “10.11.2023” at paragraph-4 of I.A. No.1630 of 2023 is not correct and the same may be due to inadvertence or otherwise as the date of release on interim bail is 11.10.2023.

I.A. No. 1630 of 2023 has been filed before this Court on 07.12.2023 by the petitioner being present at Cuttack before the Notary Public to swear the affidavit, after the period of eight weeks was completed on 06.12.2023 and the petition was filed on 07.12.2023. Though the petitioner was very much present at Cuttack having sworn the affidavit he has choosen not to comply with the condition of interim bail granted by this Court which was for a period of eight weeks and the petitioner did not surrender as directed.

The specific condition at paragraph-7 of the order dated 30.03.2022 granting interim bail is “…after completion of interim bail period, he shall surrender positively before the court in seisin over the matter and shall file the surrender certificate by the next date…” has not been complied with.

In view of the period of interim bail having been over on 06.12.2023, the petitioner having not surrendered before the learned court in seisin of the matter and having only moved the application for extension of bail on 07.12.2023. The I.A. is not maintainable/infructuous on the date of filing itself.

The I.A. No.1630 of 2023 stands dismissed for the aforesaid reasons.

The learned court in seisin of the matter shall also take steps to do the necessary follow up/pass appropriate orders in accordance with law of the order dated 11.10.2023 granting interim bail for eight weeks.

Since the order dated 11.10.2023 passed by learned JMFC, Cuttack (UTP Court) in G.R. No.935 of 2021 does not indicate any date, the court, at present in seisin of the matter, i.e. J.M.F.C.(City), Cuttack also does not give the date of the next date of posting, the matter shall be given due importance by the learned District & Sessions Judge, Cuttack and the order shall be intimated to the court concerned to do the needful in accordance with law.

Learned counsel for the petitioner produces the order dated 09.10.2023 passed in I.A. No.1178 of 2023, arising out BLAPL No.6960 of 2021 in connection with Badambadi P.S. Case No.178 of 2021 corresponding to G.R. Case No.847 of 2021 pending on the file of the learned JMFC (City), Cuttack, wherein, the interim bail was granted by a Co-ordinate Bench (other than that the Co-ordinate Bench which had past order dated 30. 03.2022 in the present BLAPL No.6911 of 2021), for a period of two months from the date of the actual release of the petitioner.

The Registry shall obtain the details of the date of actual release of the petitioner in the said G.R. Case No.847 of 2021 pending on the file of the learned JMFC (City), Cuttack. Copy of the order sheet granting interim bail shall also be obtained. The order shall be intimated by the Registry to the concerned court and the learned District & Sessions Judge immediately.

List on 13.12.2023. The records of BLAPL No.6960 of 2021 be called for and placed for reference.

Registry shall up-date and flag mark the scanned copy of the brief by retaining the copies of all the orders/instructions/office letters received today during the course of hearing.

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