Iswar Sahu State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 483 of 2024 Iswar Sahu State of Odisha ….. Vs. ….. Petitioner Mr. Ajit Kumar Raut, Adv. Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 27.02.2024 (Through hybrid mode) Order No. 02. 1. This application under Section 439 of the Cr.P.C. has been filed in connection with Badmal P.S. case No. 320 of 2023 corresponding to C.T. Case No. 1124 of 2023 pending in the Court of the learned J.M.F.C.-I, Cog. Taking, Jharsuguda, where charge sheet dated 30.12.2023 has been submitted against the present petitioner and co-accused Satyajit Mishra, Gajapati Munda @ Gaja, Dilip Ping @ Khedi, Manoj Munda, Rupak Guru under Section 399, 402 of the IPC. 2. The prayer for bail of the petitioner has been rejected on 08.01.2024 passed by learned Additional District Judge-cum- Special Court under POCSO Act, Jharsuguda observing that the petitioner has 12 nos. of cases in different police stations and incriminating materials have been seized from the petitioner at the Page 1 of 5 spot. 3. The prosecution allegation in brief is that on 04.12.2023 at about 10.20 PM, while the SI of Badmal Police Station was performing patrolling duty along with his staff, at about 11.00 PM, they received information that some veteran criminals had gathered near the Kherual river armed with deadly weapons and planning to commit dacoity at a petrol pump nearby. They arrived at the spot and caught 6 accused persons along with iron cutting rods, one iron sword, one iron knife, one screwdriver, one iron cutting blade, 4 no. of ring panna, one packet of chili powder, 3 no. of Royal Stag empty wine bottles, 10 no. of plastic glasses, one Haldiram Mixture and 3 no. of mobile phones. As the accused persons could not produce any explanation for gathering at the spot armed with deadly weapons, they were arrested, and the weapons and other articles were seized. 4. Mr. A. K. Rout, learned Counsel for the petitioner submits that the petitioner is in custody since 04.12.2023 and co-accused Dillip Ping @ Khedi, Manoj Munda and Gajapati Munda @ Gaja have been granted bail by this Court on 30.01.2024 in BLAPL No. 25 of 2024. He further submits in respect of his criminal antecedents, Duryodhan Sahu, his younger brother has filed an affidavit describing the details of cases pending against the petitioner which Page 2 of 5 are as follows. I) Badmal P.S. Case No. 81, dtd.26.09.2015 under Sec- 52 (a) of Odisha Excise Act. In the said case he has already been granted bail. II) Badmal P.S. Case No. l71, dtd.31.12.2015 under Sec-148/149/ 188/307/323/324/34/ 506 /147 of IPC. In the said case he has already been granted bail. III) Badmal P.S. Case No.49, dtd.20.04.2016 under Sec- 457/380/ 411/34 of IPC. In the said case he has already been granted bail. IV) Badmal P.S. Case No. 103, Dt. 29.07.2016, under Sec- 52(a) Odisha Excise Act. In the said case he has already been granted bail. V) Badmal P.S. Case No. 165, Dt. 29.10.2016, under Sec- 52(a) Odisha Excise Act. In the said case he has already been granted bail. VI) Badmal P.S. Case No. 13, Dt. 19.01.2017, under Sec- 52(a) Odisha Excise Act. In the said case he has already been granted bail. VII) Badmal P.S. Case No. 85, Dt. 26.08.2018, under Sec- 52 (a) Odisha Excise Act. In said case he has already been granted bail. VIII) Badmal P.S. Case No. 32, Dt. 27.02.2020 under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. IX) Badmal P.S. Case No. 66, Dt. 14.04.2020, under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. X) Badmal P.S. Case No. 90, Dt. 17.05.2021, under Sec- 52(a) Odisha Excise Act. In the said case he has already been granted bail. Page 3 of 5 XI) Badmal P.S. Case No. 190, Dt. 13.10.2021, under Sec- 52(a) Odisha Excise Act. In the said case he has already been granted bail. XII) Badmal P.S. Case No. 146, Dt. 11.07.2022, under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. XIII) Badmal P.S. Case No.37, Dt. 07.02.2023, under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. XIV) Badmal P.S. Case No. 106, Dt. 10.04.2023, under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. XV) Badmal P.S. Case No. 169, Dt. 18.06.2023, under Sec- 52 (a) Odisha Excise Act. In the said case he has already been granted bail. He submits that Thirteen cases are under 52(a) of Odisha Excise Act and the remaining two cases are year old cases i.e. Badmal P.S. Case No. 171 of 2015 registered under Section 148/149/188/307/323/324/34/506/147 of IPC and Badmal P.S. Case No.49 of 2016, under Sec- 457/380/411/34 of IPC and the petitioner has been released on bail in all the fifteen cases. 5. Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that since the petitioner is a hardened criminal having 15 criminal antecedents, he should not be released on bail. 6. Considering the submission that thirteen of the cases against Page 4 of 5 the petitioner are under the Odisha Excise Act and the other 2 cases are of the year 2015 and 2016, I am inclined to allow the prayer for bail of the petitioner, subject to stringent conditions. 7. The petitioner Iswar Sahu shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, so that he does not commit further offences and does not abscond, after verifying that his criminal antecedents, are the cases which have been mentioned above and he is continuing on bail in all the fifteen cases and he has no other criminal antecedents. 8. The BLAPL is accordingly disposed of. 9. Urgent certified copy of this order be granted on proper application. Subhalaxmi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Feb-2024 20:44:57 Page 5 of 5