The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2124 of 2024 Dhaneswar Mundari State of Orissa CORAM: Petitioner Ms. Bini Mishra, Advocate Opp. Party Ms. S. Mishra, A.S.C. ….. Vs. ….. Order No. 03.
Decision
JUSTICE SAVITRI RATHO ORDER 19.07.2024 (Through hybrid mode) 1. This is the third successive bail application of the petitioner in this Court under Section 439 of the Cr.P.C. in connection with Pallahara P.S. Case No. No.246 of 2020 corresponding to C.T.(S) Case No.09 of 2021, where the petitioner is facing trial along with the co-accused persons in the Court of the learned Addl. Sessions Judge, Talcher for commission of offences punishable under Section 302,201,34 of the IPC. 2. BLAPL 2763 of 2021 filed by the petitioner along with the co-accused Sayana @ Saina Mundari, Jiban @ Jatin Mundari @ Sukram Soy, Jogendra Mundari, Debendra Mundari & Sikendra Mundari has been disposed of on 11.02.2022, where Page1 of 6 the prayer for bail of the present petitioner and one Jiban @ Jatin Mundari @ Sukram Soy had been rejected while the prayer for bail of other petitioners had been allowed. 3. The second application BLAPL No. 3274 of 2023 had been disposed of on 19.05.2023 granting interim bail to the present petitioner and co-accused Jiban @ Jatin Mundari @ Sukram Soy for a period of three months. 4. It is stated that the present petitioner has surrendered in the learned Court below after expiry of the period of interim bail and thereafter his prayer for bail has been rejected on 10.01.2024 by the learned Additional Session Judge, Talcher. 5. A report had been called for on 01.07.2024 when this bail application was first listed from the learned trial Court regarding the status of the trial. 6. Report dated 05.07.2024 of the learned Additional Session Judge, Talcher reveals that the co-accused (1)Sayana @ Saina Mundari, (2)Jiban @ Jatin Mundari @ Sukram Soy, (3)Jogendra Mundari, (4)Debendra Mundari, (5)Sikendra Mundari are facing trial along with the present petitioner. The Page2 of 6 petitioner and co-accused Jiban @ Jatin Mundari @ Sukram Soy had been released on interim bail on 08.06.2023. After expiry of three months the present petitioner had surrendered in the court but the co-accused Jiban @ Jatin Mundari @ Sukram Soy did not surrender for which NBW of arrest has been issued against him. It has further been stated that out of 19 charge sheet witnesses 10 charge sheet witnesses have already been examined and the 10th charge sheet witness Ramsingh Mundari has been examined on 27.06.2023 and did not support the prosecution case, for which he has been declared hostile by the prosecution. Now the case is posted to 24.07.2024 for production of co-accused namely Jiban @ Jatin Mundari @ Sukram Soy. 7. Ms. B. Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 14.12.2020 and had been granted interim bail for three months by this Court in BLAPL No. 3274 of 2023 and without misusing the liberty, the present petitioner has surrendered in the Court after expiry of the period of interim bail. He further submits that although during investigation it was alleged that Ramsingh Mundari had Page3 of 6 implicated the petitioner to have assaulted the deceased Sira Mundari, he has been examined as P.W.10 during the trial and has not supported the prosecution case and she has filed a copy of the deposition of Ramsingh Mundari- P.W.10 for perusal of the Court. She further submits that other witnesses who have been examined during the trial have stated that the deceased sustained injury due to fall after excessive consumption of Handia. Considering that the petitioner is in custody since 14.12.2020 and only 10 out of 19 witnesses have been examined, she submits that the petitioner may be released on bail. 8. Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that although P.W.-10 Ramsingh Mundari, who has been examined in the trial on 27.06.2023 has not supported the prosecution case and has stated that he does not know anything more about the incident other than affixing his LTI in the inquest report, other witnesses namely Arjun Mundari and Jadumani Mundari have stated that on account of prior enmity the present petitioner along with co-accused persons have assaulted the deceased Page4 of 6 resulting in his death and cause of death is asphyxia due to throttling which is homicidal in nature and this could not have been caused due to fall on account of excessive consumption of Handia. She further submits that as the trial is still in progress, release of the petitioner may not be in the interest of trial. 9. Considering the fact that the petitioner is in custody for almost 4 years, the nature of materials available against him and in the mean while only 10 out of 19 witnesses have been examined and as the petitioner has not misused the liberty granted to him, I am inclined to grant bail to the petitioner, subject to stringent conditions. 10. The petitioner- Dhaneswar Mundari shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not tamper or try to influence prosecution witnesses while on bail. (iii) He will report before the IIC, Pallahara Police Station, every alternate sunday between 4.00 p.m. to 6.00 p.m., till conclusion of trial or for a period of six months whichever is Page5 of 6 earlier. (iv) He will appear on each date the case is fixed for trial. 11. Violation of any condition will entail in cancellation of bail/recall of this order. 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 Ms. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC, Pallahara Police Station. (Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Jul-2024 11:08:47 Page6 of 6