The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1845 of 2023 Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei … Petitioner Mr. R.N. Rout, Advocate -versus- State of Odisha … Opposite Party Mr. S.R. Roul, ASC Mr. P.Panda, Advocate (for Informant) BLAPL No.10369 of 2022 Mani Biswal … Petitioner
Legal Reasoning
Mr. R.N. Rout, Advocate -versus- State of Odisha … Opposite Party Mr. S.R. Roul, ASC Mr. P.Panda, Advocate (for Informant) BLAPL No.10507 of 2022 Bhagaban Biswal @ Bhagu … Petitioner State of Odisha Mr. R.N. Rout, Advocate -versus- … Opposite Party Mr. S.R. Roul, ASC BLAPL No. 1718 of 2023 Sunil Pati … Petitioner Mr. R.N. Rout, Advocate -versus- State of Odisha … Opposite Party Mr. S.R. Roul, ASC Mr. P.Panda, Advocate (for Informant) Page 1 of 6 Order No. 08. CORAM: JUSTICE G. SATAPATHY 07.08.2023
Decision
ORDER BLAPL No. 1845 of 2023, BLAPL No. 10369 of 2022, BLAPL No. 10507 of 2022 & BLAPL No. 1718 of 2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Since all these four bail applications of the Petitioner namely Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei in BLAPL No. 1845 of 2023, Petitioner namely Mani Biswal in BLPAL No. 10369 of 2022, Petitioner namely Bhagaban Biswal @ Bhagu in BLAPL No. 10507 of 2022 and Petitioner namely Sunil Pati in BLAPL No. 1718 of 2023 arise out of one and same case record and counsel for the parties being same, all these four bail applications heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are bail applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Puri Sadar P.S. Case No.155 of 2022 arising out of G.R. Case No.266 of 2022 pending in the file of learned Nyayadhikari Grama Nyayalaya, Puri, for commission of offence punishable under Sections 302/34 of IPC, on the allegation of committing Page 2 of 6 murder of deceased Muna Pradhan in furtherance of their common intention. 4. In the course of hearing of the bail applications Mr. R.N. Rout, learned counsel for the petitioners in all the bail applications submits that although there is allegation against the petitioners for committing murder of the deceased, but except the allegation against the petitioner Bhagaban Biswal @ Bhagu, none were alleged to have attacked and killed the deceased and the petitioners being incarcerated since long, may kindly be granted bail. 5. On the other hand, Mr. S.R. Roul, learned ASC by placing the statement of Bijay Pradhan, submits that the petitioners had assaulted the deceased conjointly to kill him and thereby, they should not be granted bail. Echoing the submission of learned ASC, Mr. P. Panda, learned counsel for the Informant submits by placing the statement of Bikash Pradhan that the petitioner Bhagaban Biswal @ Bhagu was the principal accused and he had dealt blows by means of an iron rod on the head of the deceased and other petitioners had also assaulted to kill the deceased and thereby, all the Petitioners are not entitled to bail. Mr. Panda accordingly prays to reject the bail applications of all the petitioners. 6. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the surrender of petitioners Page 3 of 6 Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei and Mani Biswal to custody after expiry of the interim bail granted to them and taking into account the mode and manner of implication of the petitioners except Bhagaban Biswal @ Bhagu and regard being had to the pre-trial detention of the rest of the petitioners and the main allegation of assault by means of an iron rod on the deceased being directed against the petitioner Bhagaban Biswal @ Bhagu and taking into consideration the opinion of doctor as to cause of death of the deceased and the mandate of first proviso appended to Section 437 of Cr.P.C. for petitioner Mani Biswal, this Court while rejecting the prayer for bail of petitioner Bhagaban Biswal @ Bhagu in BLAPL No. 10507 of 2022, grants bail to the petitioners Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei, Mani Biswal and Sunil Pati in BLAPL Nos. 1845 of 2023, 10369 of 2022 and 1718 of 2023. 7. Hence, the bail application of the above petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only each 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:- Page 4 of 6 (i) the petitioners namely Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei, Mani Biswal and Sunil Pati shall not commit any offence while on bail, (ii) the petitioners namely Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei, Mani Biswal and Sunil Pati shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with and (iii) the petitioners namely Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei, Mani Biswal and Sunil Pati shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case (iv) the petitioners namely Kanhu @ Kantha Palei @ Kantha @ Kanthia Palei and Sunil Pati 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. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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 petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. Page 5 of 6 8. Accordingly, all the bail applications stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 09-Aug-2023 18:28:22 Page 6 of 6