Sanyasi Muni vs State Of Orissa

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.1835 of 2022 arising out of Aska P.S. Case No.908 of 2022 pending in the file of learned Addl. Sessions Judge, Aska, Ganjam, for commission of offences punishable under Sections 450/394/307 of IPC read with Section 25(a) of Arms Act, on the allegation of providing information to co-accused persons to commit robbery.

In the course of hearing of the bail application, Mr. S.P. Das, learned counsel for the petitioner submits that the present petitioner has been detained in custody since 04.01.2023 and in the meanwhile, charge-sheet has already been submitted and the petitioner having no criminal antecedent, may kindly be granted bail.

On the contrary, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the petitioner, but on being asked, he fairly concedes that the petitioner has not been put to the TI parade and there is only allegation against the petitioner for providing the information to co-accused persons to commit robbery.

Mr. S.P. Dash, learned counsel for the informant, however, while objecting the bail application of the petitioner, submits that a Scooty was recovered from the possession of the petitioner basing on his confessional statement and the petitioner, therefore, should not be granted bail.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and strength of supporting materials available on record and regard being had to the pre-trial detention of the petitioner since 04.01.2023 and taking into account the nature of allegation against the petitioner for providing information to co-accused person and the petitioner having not put to the TI parade in this case and there being no criminal antecedent reported against the petitioner, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 petitioner shall not commit any offence while on bail,

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

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

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on a Sunday of every month 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 petitioner unnecessarily after recording his 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 petitioner 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 petitioner 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, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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