The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2911 of 2023 Sunil Swain & Another …. Petitioners Ms. Bini Mishra, proxy counsel on behalf of Mr. U.R. Jena, Advocate State of Odisha …. Opp. Party -versus- Mr. T.K. Praharaj, Standing Counsel CORAM: JUSTICE M.S. SAHOO Order No. 6.
Decision
ORDER 18.10.2023 Hybrid Mode 1. Learned proxy counsel for the petitioners submits that learned counsel for the petitioners is having throat infection and the matter may be adjourned. 2. In the connected bail application i.e., BLAPL No.4013 of 2023 similar prayer was made for adjournment stating difficulty on the part of the learned counsel appearing for the petitioner, which has been rejected, accordingly the present petition is also taken up and considered on merit. 3. On 06.10.2023, this Court had noted the earlier orders dated 05.09.2023 and 17.08.2023 granting last chance to the petitioner and adjourning the matter to 05.09.2023. Prior to 17.08.2023, the matter was adjourned on 03.08.2023 and 20.04.2023. On 20.04.2023, the State was directed to obtain up-to-date RJ instruction regarding the injuries suffered by the victim // 2 // in the alleged incident and his health condition, State was also directed to obtain up-to-date case diary and the past allegations against the petitioner, if any. Though, it is clearly indicated in the order dated 17.08.2023, on 05.09.2023 that last chance was granted, still the matter was adjourned as per the statement of the learned counsel for the petitioner being unwell on account of Asthma and Bronchitis. On 06.10.2023, learned counsel for the petitioner appeared and sought for adjournment and it is clearly indicated in the said order that despite grant of last chance to the petitioner, this Court is granting a further opportunity. In view of grant of last chance on 17.08.2023, subsequent accommodation on 05.09.2023, further chance on 06.10.2023 to the learned counsel for the petitioner, prayer for adjournment sought for today is rejected and the matter is taken up on merit. 4. However, learned proxy counsel after passing of the order rejecting the prayer for adjournment advances arguments which are noted. Learned proxy counsel after rejection of the bail petition makes a further submission that allegation against the petitioner are omnibus in nature, therefore he deserves indulgence of this Court for grant of bail U/s. 439 Cr.P.C. 5. Learned Standing Counsel submits that as per the affidavit the petitioner no.1 has six past allegations of criminal activities, which are as follows: (i) Balangir Town P.S. Case No.55/2014 under Page 2 of 5 // 3 // Section 341, 329,323, 506, 34 of IPC, in which the petitioner is on bail. (ii) Balangir Town P.S. Case No.186/2014 U/s. 147, 148, 341, 323, 323, 307, 506, 149 of IPC, wherein the petitioner has already been acquitted. (iii) Balangir Town P.S. Case No.232/2016 U/s. 341, 448, 307, 427 of IPC, in which the petitioner is on bail. (iv) Balangir Town P.S. Case No.339/2016 U/s.341, 307,306,427, 34 of IPC, in which the petitioner is on bail. (v) Balangir Town P.S. Case No.213/2018 U/s.341, 307, 306, 427, 34 of IPC, in which the petitioner is on bail. (vi) Balangir Town P.S. Case No.379/2022 U/s.394, 353, 506, 34 of IPC corresponding to G.R. Case No.1108 of 2022 pending in the court of SDJM, Balangir and during investigation, the I.O. served notice U/s.41 of the IPC. 6. The petitioner no.2 has four past allegations of criminal activities as per the affidavit filed by the State, which are as follows:- (i) Balangir Town P.S. Case No.386/2014 U/s.47 (a) B & O Excise Act, in which the petitioner has already been acquitted. (ii) Balangir Town P.S. Case No.237/2017 U/s.147, 148, 452, 427, 336, 506, 379, 149 of IPC, in which the petitioner is on bail. (iii) Balangir Town P.S. Case NO.234/2017 U/s.147, 148, 294, 427, 379, 506, 149 of IPC, in Page 3 of 5 // 4 // which the petitioner is on bail. (iv) Balangir Town P.S. Case No.63/2022 U/s.52(a) of Odisha Excise Act, in which the petitioner is on bail. 7. Learned Standing Counsel referring to the case diary as well as materials contained and the past allegations of criminal activity against the petitioners, injury report of the victim opposes the prayer for bail. 8. On perusal of the said affidavit, it is indicated that the petitioner no.1 was granted bail by the learned SDJM, Balangir by order dated 17.05.2014 in the pending case Balangir Town P.S. Case No.55/2014. In Balangir Town P.S. Case No.232 of 2016 by order dated 02.11.2016, bail was granted by the learned 1st Additional Sessions Judge, Balangir. Similarly in Balangir Town P.S. Case No.339/2016 bail was granted by the learned Sessions Judge, Balangir by order dated 24.11.2016 in BLAPL No.522 of 2016. This Court granted anticipatory bail in ABLAPL No.9223 of 2018 by order dated 16.08.2018 and thereafter by order dated 07.09.2018 in BLAPL No.267/2018. Learned Sessions Judge, Balangir granted bail in Balangir Town P.S. Case No.213/2018 by order dated 07.09.2018. 9. It is also indicated that the petitioner no.2 was acquitted by the learned SDJM, Balangir by order dated 13.07.2016 in Balangir Town P.S. Case No.386/2014. In Balangir Town P.S. Case No.237/2017 by order dated 09.08.2017, bail was granted by the learned Sessions Judge, Balangir. Similarly in Balangir Town P.S. Case No.234/2017 bail was granted by the learned Sessions Page 4 of 5 // 5 // Judge, Balangir by order dated 16.08.2017 in BLAPL No.213 of 2017. Learned SDJM, Balangir granted bail in Balangir Town P.S. Case No.63/2022. On perusal of the above, a clear pattern emerges that both the petitioners having been granted bail on several occasions and on each of the occasions, they are facing allegations of criminal activities while on bail. 10. Having heard learned proxy counsel for the petitioner, who is seeking adjournment, learned Standing Counsel for the State and considering the material on record particularly in the case diary and past behavior of the petitioners misutilising the bail granted by this Court and other court(s), this Court is not inclined to grant bail to the petitioners at this stage. The BLAPL is dismissed at this stage. (M.S. Sahoo) Judge Signature Not Verified Digitally Signed Signed by: RADHARANI JENA Designation: Personal Assistant Reason: Authentication Location: ohc Date: 20-Oct-2023 14:07:52 Page 5 of 5