Subhasis Pradhan @ Malinga … v. ….. Opp. Party Ms. Samapika Mishra, Addl. Standing Counsel (for State) Mr. Debidutta Mohapatra
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3317 of 2024 Subhasis Pradhan @ Malinga ….. Petitioner Mr. Deba Kumar Rath, Adv. State of Odisha Vs. ….. Opp. Party Ms. Samapika Mishra, Addl. Standing Counsel (for State) Mr. Debidutta Mohapatra, Adv. (for Informant) CORAM: JUSTICE SAVITRI RATHO ORDER 17.05.2024 (Through hybrid mode) Order No. 04. 1. This is the second application of the petitioner under Section
Legal Reasoning
439 of Cr.P.C. in this Court in connection with Bharatpur P.S. Case No. 474 of 2023 corresponding to C.T. Case No. 1482 of 2023 pending in the Court of the learned J.M.F.C.-V, Bhubaneswar. The FIR has been registered against the petitioner and (1) Ananta Prasad Samantaray @ Silua, (2) Jagan Badajena, (3) Udit Narayan Pradhan, (4) Nihar Ranjan Behera, (5) Smruti Ranjan Jagadev @ Rocky, (6) Dibya Singh Mrutunjaya @ Chintua, (7) Rajkumar Nayak (8) Gunda @ Rajkumar, (9) Siba Reddy and (10) Rajkuar @ Gandu for the offences under Sections 452, 341, 324, 294, 307, 427, 379, 506, 34 Page 1 of 7 of IPC and preliminary charge sheet dated 21.03.2024 has been submitted only against the present petitioner for commission of offences punishable under Sections 452, 341, 324, 325, 294, 307, 427, 379, 506, 120-B of IPC read with Sections 25 and 27 of the Arms Act keeping investigation open for arrest of the co-accused persons. 2. The earlier application BLAPL No. 693 of 2024 filed by the petitioner had been dismissed by me on 09.02.2024 granting liberty to the petitioner to move for bail afresh after completion of the investigation. 3. Thereafter, the petitioner had moved the learned Court below for bail, but his prayer has been rejected by the learned 3rd Addl. Sessions Judge, Bhubaneswar on 05.04.2024 in B.A. No. 636 of 2024. 4. The prosecution allegation in brief is that on 25/26.10.2023 in between 11.30 p.m. to 12.15 a.m., while the informant along with his brother-Sajan Samanwaya was present at his hotel at C-10, BHB Colony, Baramunda, 10 - 15 persons entered into the hotel armed with deadly weapons by breaking the gate. They had covered their faces with mask and were using obscene language. On hearing them, Page 2 of 7 the informant and his brother opened the hotel room door and came outside. The petitioner along with Anant Prasad Samantaray @ Silua and Jagan Badajena assaulted his brother Sajan by sword. When he protested, the other accused persons, namely, Udit Narayan Pradhan, Nihar Ranjan Behera, Smruti Ranjan Jagdev @ Rocky, Dibyasingh Mrutyunjay @ Chintua pushed him and he fell down on the floor. Thereafter they assaulted his brother with intention to kill him. The other co-accused, Gunda @ Rajkumar, Rashmi Ranjan Sahoo and 5 - 10 other antisocials damaged his hotel accessories and took away his CCTV. They also damaged his mobile phone and KTM bike. The informant called the ambulance and shifted his brother to SUM hospital for treatment and he was found to have sustained grievous injuries. During investigation, it is revealed that the incident is an outcome of the dispute between two groups of one party and this incident was the result of an incident which had been taken place on 24.01.2023. 5. Mr. Deba Kumar Rath, learned counsel for the petitioner submits that the petitioner is in custody since 26.11.2023 and in the meanwhile the investigation has been completed so far as the petitioner is concerned. He further submits that an affidavit has been filed by Janaki Pradhan, mother of the petitioner regarding his Page 3 of 7 criminal antecedents and stating as follows: “(i) Mancheswar PS Case No.470 of 2022, corresponding to CT Case No. - 7586/2022, pending before learned J.M.F.C-II, Bhubaneswar, for the offences U/s. 294/323/354/354(A)/448/376/511/506 /34 IPC and the Accused/petitioner is on bail. (ii) Nayapalli PS Case No. 514 of 2020, corresponding to CT Case No. 5897/ 2020, pending before learned J.M.F.C.-III, Bhubaneswar, for the offences U/S. 341/323/294/427/506/34 IPC and the Accused/ petitioner is on bail. (iii) Airfield PS Case No. 174 of 2020, corresponding to CT Case No. - 3783/2020, pending before learned J.M.F.C-I, Bhubaneswar, for the offences U/S 341/294/323/325/506/307 IPC and the present petitioner is not arrayed as an accused. (iv) Capital PS Case No. 186 of 2021, corresponding to CT Case No. - 1713/2021, pending before learned SDJM, Bhubaneswar for the offences U/S. 143/149/269/270/323/353 IPC the Accused/ Petitioner is on Bail. (v) Kharvelnagar PS Case No. 130 of 2018, corresponding to CT Case No. - 1777/2018, pending before learned SDJM, Bhubaneswar, for the offences, U/S 294/323/341/34 IPC and the Accused/ petitioner is on bail.” He submits that the petitioner has been released on bail in all Page 4 of 7 these cases and except for two cases, all the cases are triable by Magistrate. He also submits that the informant and the injured are dreaded criminals and they have a number of criminal antecedents and false allegations have been made against the petitioner due to previous enmity. 6. Mr. Debidutta Mohapatra, learned counsel appearing on behalf of the informant opposes the prayer for bail stating that the petitioner is history-sheeter having a number of criminal antecedents and if he is released on bail, he is likely to tamper with the evidence and threaten prosecution witnesses. He also submits that the petitioner is an influential person for which the co-accused persons have not been arrested in this case till date compelling the informant to approach this Court in CRLMP No. 2226 of 2023 where this Court by order dated 18.01.2024 has directed that the investigation be completed expeditiously as possible and final form be submitted within a period of three months. In spite of the order of this Court the police has done nothing to arrest the co-accused persons. He also submits that on account of assault by the petitioner and other accused persons, the injured has sustained five injuries out of which two are grievous injuries, one on the head and other on the right forearm near the elbow region. He finally submits that as the Page 5 of 7 investigation has not been completed, the petitioner is likely to tamper with the evidence and threaten the prosecution witnesses, if he is released on bail. 7. Ms. S. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that pursuant to order dated 29.04.2024, she has received the instructions regarding the criminal antecedents of the petitioner, the informant and the injured and states that all of them have criminal antecedents and the petitioner has the following antecedents:- “(i) Mancheswar P.S. Case No. 470 of 2022, under Sections 294/323/354/354(A)/448/376/511/506/34 of IPC. (ii) Nayapalli P.S. Case No. 514 of 2020, under Sections 341/294/323/427/506/34 of IPC. (iii) Airfield P.S. Case No. 174 of 2020, under Sections 341/323/325/307/294/506 of IPC. (iv) Capital P.S. Case No. 186 of 2021, under Sections 143/149/269/270/323/353 of IPC. (v) Kharvelnagar P.S. Case No. 130 of 2018, under Sections 294/323/341/34 of IPC.” She further submits that the injured has been assaulted with sharp cutting weapon and sustained two grievous injuries out of which one is on the head. She further submits that the petitioner is Page 6 of 7 likely to threaten the prosecution witnesses and as the co-accused persons have not been arrested till date, his release may impede further investigation. She has placed the statements of the injured and informant who have made specific allegation that the petitioner has assaulted the injured. 8. Considering the nature of allegations against the petitioner, the injuries sustained by the injured and as further investigation is continuing, I am not inclined to release him on bail at this stage. 9. The BLAPL is accordingly dismissed. 10. It is open to the petitioner to move for bail afresh in case there is delay in completion of further investigation. 11. Urgent certified copy of this order be granted on proper application. Sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-May-2024 13:23:44 Page 7 of 7