N. Robin @ Rabin State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 482 of 2024 N. Robin @ Rabin State of Odisha ….. Vs. ….. Petitioner Mr. Arijeet Mishra, Adv. Opp. Party Mr. S.S. Mohapatra, A.S.C. Order No. 05. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 08.04.2024 (Through hybrid mode) 1. This is the second application of the petitioner under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sahadevkhunta P.S. Case No. 330 of 2023 corresponding to C.T. Case No. 665 of 2023 pending in the court of the learned S.D.J.M., Balasore, where charge sheet dated 04.11.2023 has been filed under Sections 379, 186, 120 (B) and 34 of IPC and the case against the co-accused persons Mohan Pradhan and J. Chandu had been released on bail, has been split up. 2. The earlier application of the petitioner and the co-accused J. Chandu BLAPL No. 11479 of 2023 has been disposed of on 23.11.2023. The prayer of co-accused J. Chandu was allowed and the prayer of the petitioner has been rejected considering the fact that Page 1 of 6 he has four criminal antecedents out of which three involve offences under Section 392 of IPC and he had been granted liberty to move the Court below for bail afresh, if there was delay in commencement of trial 3. Thereafter the prayer for bail of the petitioner has been rejected on 03.01.2024 by the learned Presiding Officer, Special Court (SC & ST), Balasore in Bail Application No. 227/1381 of 2023. 4. The prosecution allegation in brief is that on 11.08.2023, some landed property was sold at Balasore Sub-Registrar Office and the seller had given the sale proceeds of Rs 8.5 lakhs to the informant who had kept the cash in the dickey of his Motor Cycle. At about 2.30 p.m., he had kept the motorcycle inside the compound of the office of the Sub- Registrar, Balasore and went to talk to Moharir. After two minutes, he heard a sound and saw one unknown person running away with the bag containing the money and he escaped on a Pulsar Motorcycle which had been kept on start mode and was driven away at high speed. He along with some local people chased the motorcycle, but they are unable to catch the culprits after which he lodged FIR. During investigation, cash of Rs.27,500/- was recovered from co-accused J. Chandu and a black pulsar motorcycle was seized from Page 2 of 6 the custody of the present petitioner. 5. Mr. Arijeet Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 14.09.2023 and out of 17 charge sheet witnesses only 3 have been examined till date which includes the informant Kartik Chandra Dwarika who has been examined as P.W.3 and he has stated that he does not know the present petitioner. An affidavit has been filed by one N. Sati Babu @ N. Satya Babu, father of the petitioner stating that the petitioner has four criminal antecedents- (i) Aska P.S. Case No. 46 of 2018 under Sections 399, 402 of IPC read with Sections 4, 5 of the Explosive Act and Section 25(1-B)(a) of the Arms Act, (ii) Aska P.S. Case. No. 851 of 2021 under Section 52(a) of Odisha Excise Act, (iii) Sonepur P.S. Case. No. 270 of 2021 under Section 39/34 of IPC (Sec. 392/34 of IPC) and (iv) Sonepur P.S. case. No. 336 of 2021 under Section 392/34 of IPC. Mr. Mishra, learned counsel submits that the petitioner has been released on bail in all the four cases. 6. Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that theft of a huge amount of cash has been committed in broad daylight in a preplanned manner and as the petitioner has a number of criminal antecedents, Page 3 of 6 he should not be released on bail. 7. Status report dated 06.03.2024 of the learned S.D.J.M., Balasore reveals that final chargesheet dated 06.02.2024 has been filed against the present petitioner, co-accused J. Chandu, Mohan Pradhan, A. Chanti, A. Ranjit Rao, A. Rabi Rao and Akshay Kumar Panda and A. Chanti showing A. Ranjit Rao and A. Rabi Rao to be absconders. On 19.02.2024, co-accused Akshay Kumar Panda has been discharged and the case has been adjourned to 04.03.2024 for production of the absconding accused persons. On 04.03.2024 though the present petitioner was produced before the Court, no steps were taken on behalf accused J. Chandu and Mohan Pradhan for which the case has been split up against them and warrant of arrest has been issued against them and the original C.T. Case No. 665 of 2023 is proceeding only against the present petitioner. Charge has been framed under Section 379/34 of the IPC against the petitioner and the case is posted to 19.03.2024 for trial and summons have been issued to the prosecution witnesses. In the status report dated 22.03.2024 of the learned S.D.J.M., Balasore it has been stated that on 19.03.2024, one Tapas Kumar Panda has been examined as P.W.1. One Anam Chandra Nayak has been examined as P.W.2 and has been cross-examined and discharged. Page 4 of 6 Informant Kartik Chandra Dwari has been examined as P.W.3. Cross- examination P.W.1 and P.W.3 has been declined by the co-accused. The case record was posted to 22.03.2024 for further evidence but no prosecution witnesses were present on 22.03.2024 for which the case is posted to 02.04.2024 for trial and summons have been issued to the remaining charge sheeted witnesses. Status report dated 04.04.2024 reveals that on 02.04.2024 no witness was present in Court for which the case is posted to 12.04.2024 for trial and summons have been issued to the charge sheet witnesses. 8. Considering the nature of allegations against the petitioner in the present case, submission of the counsel and the report of the learned trial Court that only 3 out of 17 witnesses have been examined till date and the period of detention of the petitioner in jail custody, even though he has four criminal antecedents, I am inclined to allow the prayer for bail. 9. The petitioner- N. Robin @ Rabin shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he has only four antecedents as mentioned above, including the following conditions: (i) He will not indulge in any criminal activity while on bail. Page 5 of 6 (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) He will report before the Sahadevkhunta Police Station once in a month preferably on the first Sunday between 3.00 p.m. to 5.00 p.m. till completion of trial. (iv) He shall remain present in Court on each date it is posted for trial. 10. Violation of any condition will entail in cancellation of bail. 11. The BLAPL is accordingly disposed of. 12. Urgent certified copy of this order be granted on proper application. 13. A copy of this order be supplied to Mr. S.S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the I.I.C., Sahadevkhunta Police Station. Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Apr-2024 20:50:46 (Savitri Ratho) Judge Page 6 of 6