1.Angada Digal 2.Joseph Digal State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 388 of 2024 1.Angada Digal 2.Joseph Digal State of Odisha ….. Vs. ….. Petitioners Mr. Mahes Das, Advocate Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 05.04.2024 (Through hybrid mode) Order No. 07. 1. This is the second application of the petitioners filed under Section 439 of Cr.P.C. in connection with Sarangada P.S. Case No. 57 of 2023 corresponding to C.T. Case No. 238 of 2023 pending in the Court of the learned S.D.J.M., Balliguda where charge sheet has been submitted under Sections 457, 395, 397, 170, 171 of IPC and Sections 25 of Arms Act against the present petitioners, Sonu @ Manbhanjan Pradhan, Sankar Dirgal, Ashok Kumar Rout, Kirtim Digal, Ranjan Sahani and Sipun Kumar Kabi. 2. The earlier application BLAPL No. 10543 of 2023 filed by the petitioners, had been dismissed granting liberty to them to move Page 1 of 6 the learned Trial Court for bail. Thereafter, the prayer for bail of the petitioner has been rejected on 09.01.2024 by the learned Assistant Sessions Judge, Balliguda. 3. This application has been listed before me as BLAPL No. 12736 of 2023 filed by the co-accused had been disposed of by me on 29-11-2023. 4. Status report dated 30.03.2024 of the Assistant Sessions Judge, Balliguda, Kandhamal has been received, where it has been stated that after the case record was received on transfer from the court of Addl. Dist. & Sessions Judge, Balliguda on 03.01.2024 charge has been framed against the present accused petitioners namely Angada Digal and Joseph Digal along with other accused persons. The bail application of the petitioners has been rejected on 09.01.2024 and out of 16 charge sheeted witnesses 11 witnesses have already been examined so far including the informant and the medical officer has been examined as P.W.12. Summons has been issued to the rest charge sheet witnesses and the investigating officer in this case. And the case is posted to 10.04.2024. 5. The prosecution allegation in brief is that on 02.06.2023 in Page 2 of 6 the night at about 1.30 AM, while the informant and her family members were sleeping the rear portion of their house, 9 unknown persons forcible entered the house from the back, armed with deadly weapons and pistol and pointing the pistol at the head of her husband, took away one gold necklace, one pair of gold ear Jhumpi, one paid of ears Chidia, one silver chain, one pair of silver pauji, two nos of silver ring, one silver lucket and chain from her almirah and they also committed theft in the house of her neighbour Kanika Digal where they stole cash of Rs.5,700/- and they fled in a Bolero sitting in its dala. The present petitioners have been arrested in Phiringia PS Case No. 92 of 2023 and were remanded in this case and Sarangada PS Case No. 56 of 2023, which had been registered on the same day. During investigation Phiringia PS Case No. 92 of 2023, a silver Mahindra Bolero bearing registration No. OD-02- BN-3866, three contrymade guns, two lathis, two knife and one orange colour police siren light have been seized from the accused persons. It was found that during investigation petitioner No.1 Angada Digal was identified by the informant in the T.I. Parade. 6. Mr. Mahes Das, learned counsel for the petitioner submits Page 3 of 6 that the petitioners are in custody since 25.07.2023, when they were remanded in this case, while they were in custody in Phiringia PS Case No. 92 of 2023. The petitioners have been remanded in this case on the basis of their confession in the other case. He further submits that petitioner No.2 Joseph Digal has not been identified in TI Parade. 7. Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioners have committed dacoity in two houses on the same day and they have three similar criminal antecedents and petitioner No.1 Angad Digal has been identified in the TI Parade. As they were habitual offenders, they should not be released on bail. 8. Considering the submission of the learned counsel and the nature of materials connected against the petitioner, as petitioner No.2 Joseph Digal has not been identified in the TI Parade and investigation in the case is over, I am inclined to allow the prayer for bail of the petitioner No.2 Joseph Digal, but subject to stringent conditions. 9. The petitioner No. 2 Joseph Digal shall be released on bail on Page 4 of 6 such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification that he has only three criminal antecedents i.e. (i) Phiringia PS Case No. 92 of 2023, (ii) K Nuagaon PS Case No. 69 of 2023 and (iii) Sarangada PS Case No. 56 of 2023 and that he has been released on bail in these three cases, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii)He will report before the Phiringia P.S. on every Sunday between 3.00 P.M. to 5.00 P.M. (iv) He will appear in person in Court on each date the trial is fixed to; 10. Violation of any condition will entail in cancellation of bail/recall of this order. 11. The prayer for bail of Petitioner No.1 Angad Digal is rejected. It is open to him to move for bail afresh in case there is delay in completion of the trial but after examination of the informant. Page 5 of 6 12. The BLAPL is accordingly disposed of. 13. Urgent certified copy of this order be granted on proper application. 14. Copy of this order be supplied to Mr. S. S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the IIC, Phiringia Police Station, to enable him to take steps for recall of this order in case of violation of any condition. Subhalaxmi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Apr-2024 19:50:47 Page 6 of 6