Santosh Musaparia vs State Of Odisha

G. Satapathy, J

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

Since both these bail applications arise out of same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with G.R. Case No.420 of 2022 arising out of Narayanpatna P.S.Case No.91 of 2022 pending in the file of learned J.M.F.C., Laxmipur, for commission of offences punishable under Sections 395 of IPC, on the allegation of committing dacoity from the informant by snatching away Rs.4,20,000/- (Rupees Four Lakhs Twenty Thousand), along with other co-accused persons, in total ten accused persons.

In the course of hearing of both the bail applications, Mr. B.C. Parija, learned counsel for the petitioner in BLAPL No.2801 of 2023 submits that although there is allegation against the petitioner for committing dacoity, but absolutely there is nil material available against the present petitioner and the present petitioner has been implicated in this case solely on the basis of his own confession, but there is no recovery of incriminating material from the petitioner and the petitioner having detained in custody since 19.10.2022, may kindly be granted bail. Similarly, Mr. S.K. Baral, learned counsel for the petitioner in BLAPL No.2992 of 2023 submits that although it has been stated by the prosecution that a sum of Rs.1,98,000/- (Rupees One Lakh Ninety-eight Thousand) was recovered at the instance of the petitioner, but the fact remains that no money was recovered at the instance of the petitioner and the present petitioner has been implicated in this case on the basis of confession of co-accused as well as his confession and the petitioner having detained in custody since 19.10.2022, may kindly be granted bail.

On the other hand, Mrs. S.R. Sahoo, learned ASC by taking this Court through the facts of the case submits that the present petitioners and eight others had conjointly committed dacoity and snatched away from the informant a sum of Rs.4,20,000/- (Rupees Four Lakhs Twenty Thousand), out of which Rs.1,98,000/- (Rupees One Lakh Ninety-eight Thousand) was recovered at the instance of the petitioner namely Seleru Simanchal and that petitioner having one criminal antecedent to similar nature, it would not be proper to grant them bail. On these grounds, Mrs. Sahoo prays to reject the bail application of the petitioners. On being asked, learned ASC confirms that no T.I. parade has been conducted in this case.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the absence of the names of the present petitioners in the FIR and no TI parade has been conducted to identify them, as per the submission of the learned ASC and regard being had to the pre trial detention of the petitioners since 19.10.2022 and recovery of a part of the robbed cash, this Court admits the petitioners to bail.

Hence, both the bail applications of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two 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 petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of 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 grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, both the BLAPL stand disposed of.

Issue urgent certified copy of the order as per Rules.

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