The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.173 of 2024 Manoj Gadua @ Nadu …. Petitioner Mr. D.P.S. Mallick, Advocate -versus- State of Odisha …. Opp. Party Mr. S. Swain, AGA CORAM: JUSTICE M.S. SAHOO ORDER 10.01.2025 (Hybrid Mode) Order No. 11. 1. Under Section 439 of Cr.P.C. the BLAPL has been filed by the petitioner in jail custody, in connection with Balangir Town P.S. Case No. 0649 of 2019 corresponding to G.R. Case No. No.1470(A) of 2019 pending in the court of the learned SDJM, Bolangir for alleged commission of offence under Section 302/34 of IPC. 2. Since by earlier order dated 12.10.2023 in BLAPL
Decision
No.7232 of 2023 filed by the petitioner was disposed of by this Bench which arises out of the self-same F.I.R., Page 1 of 7 the present petition has been placed before this Bench for consideration of prayer for bail in terms of Standing Order No.2 of 2023 dated 21.05.2023. 3. On 01.10.2024 the following order was passed:- “1. It is submitted by the learned counsel for the petitioner that two trials are continuing; one corresponding to Sessions Case Nos. 64 of 2023 and 29/48/2 of 2021-22 against two accused persons one of whom is petitioner in the present petition both the accused persons are facing trial simultaneously arising out of same allegation and incident under section 302/34 of IPC. 2. Though the deposition of P.W.3 namely Shankar Prasad in SC Case No.29/48 of 2021- 22, has been filed before this Court by the learned counsel for the petitioner, it is submitted by the learned counsel for the petitioner that the said deposition is not pertaining to the trial of accused/petitioner Manoj Gadua. It is mentioned in the order of the learned 1st Additional Sessions Judge, Balangir rejecting the bail of the petitioner that trial is Sessions Case No.64 of 2023. The learned counsel for the petitioner submits that Sessions Case No.64 of 2023 is same as Sessions Case No.29/48 of 2021-22. Page 2 of 7 3. Learned counsel for the petitioner shall obtain specific instruction and verify the trial court records in view of the submissions that there are two trial proceedings; one namely Sessions Case No.29/48 of 2021 and the other being Sessions Case No.64 of 2023. Learned counsel for the petitioner shall verify and obtain certified copy of the statements of the witnesses in both the trials. 4. Registry shall obtain instructions from the learned Additional Sessions Judge, Balangir, regarding the circumstances in which two separate trials are continuing simultaneously arising out of same occurrence. Registry shall also obtain certified copies of depositions of both the trials separately from the learned court concerned. 5. List after vacation/liberty to mention.” 4. Pursuant to the said order report regarding the circumstances of the trial of SC Case No.29/48 of 2021-22 and SC No.64 of 2023 both the trial continuing simultaneously arising out of Balangir Town P.S. Case No.0649 of 2019 dated 28.11.2019 was received in the registry from the learned 1st Additional Page 3 of 7 Sessions Judge, Balangir by his letter dated 21.10.2024 which forms part of record. 5. On 07.12.2024, the following order was passed:- “5. Learned counsel for the petitioner referring to the order dated 01.12.2023 passed by the learned 1st Additional Sessions Judge, Bolangir (Annexure-2 series) in Sessions Case No.64 of 2023 rejecting prayer for bail of the petitioner submits that as noted by the learned ASJ all the five accused persons against whom the trial is continuing have already been released on bail.” 6. In response to the 07.12.2024, the learned Additional Government Advocate furnishes the instructions from the concerned police station by letter dated 30.12.2024 addressed to the learned Additional Government Advocate, copy of which is kept on record. 7. The learned Additional Government Advocate fairly submits that as per his instructions also borne out from the records, all the five accused persons other than the present petitioner have been granted bail by the Sessions Judge, Balangir as indicated in the instructions dated 30.12.2024 in separate bail Page 4 of 7 applications as indicated in the said letter. As indicated in the instruction produced by the learned Additional Government Advocate six witnesses have deposed in the pending SC Case No.29/48 of 2021 and ten witnesses are yet to depose. 8. Having heard learned counsel for the petitioner and the learned Additional Government Advocate, considering the instructions from the concerned police and considering the fact that other five accused persons have already been released by the learned court in seisin of their trial, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed and directed by the learned Court in seisin of the matter, which shall also include the following conditions: two solvent sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a near relative/family member of the petitioner and the other shall be a local person; the court in seisin of the matter shall ensure and verify the credential of the sureties, the court Page 5 of 7 shall record its satisfaction and direct accordingly; the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence; the petitioner shall not indulge himself in similar activity; the petitioner shall appear before the police/police having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court; the petitioner shall fully cooperate with the ongoing further investigation, if any, and make himself available anywhere as and when required for such purpose; the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency; the petition shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission Page 6 of 7 of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact; the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial; the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of petitioner’s involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency/informant/victim shall file petition for cancellation of bail. 9. The BLAPL is disposed of accordingly. It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that have been/that would be raised, in the pending trial before the learned court in seisin. Urgent certified copy of this order be granted on proper application Judge (M.S. Sahoo) Signature Not Verified RJ Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 13-Jan-2025 15:59:14 Page 7 of 7