Subala Sethi vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Hindol P.S. Case No.213 of 2022 arising out of G.R. Case No.676 of 2022 pending in the file of learned S.D.J.M., Hindol for commission of offence punishable under Sections 394/397/324/307 of IPC read with Section 25/27 of Arms Act, on the allegation of snatching away the bike of the Informant along with co-accused persons by firing at the Informant.

Mr. B.K. Ragada, learned counsel for the petitioner submits that although the present petitioner has been remanded in this case, but his implication is only on the basis of self confession and confession by the co-accused and F.I.R. was lodged against an unknown person, but no T.I. parade has been conducted to identify the present petitioner and the present petitioner having detained in custody since 19.01.2023, may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, submits that the present petitioner is a habitual offender and he 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 mode and manner of implication of the present petitioner in this case and regard being had to the other circumstance on record in entirety including the pre-trial detention of the petitioner since 19.01.2023 and taking into account the other circumstance on record including the implication of the present petitioner on the basis of confession and no T.I. parade being conducted as submitted by the parties, 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.1,00,000/-(Rupees One Lakh) only 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 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 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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