The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.379 of 2024 Md. Raza Hussain @ Raju …. Appellant -versus- 1. State of Odisha 2. Ranjan Kumar Sahu …. Respondents CRLA No.439 of 2024 Haider Khan …. Appellant -versus- 1. State of Odisha 2. Ranjan Kumar Sahu …. Respondents CRLA No.506 of 2024 Guddu @ Jabir Hussain …. Appellant -versus- 1. State of Odisha 2. Ranjan Kumar Sahu …. Respondents CRLA No.542 of 2024 Md. Yusuf @ Md. Isar …. Appellant -versus- 1. State of Odisha 2. Ranjan Kumar Sahu …. Respondents Page 1 of 7 CRLA No.609 of 2024 Kasim Khan …. Appellant -versus- 1. State of Odisha 2. Ranjan Kumar Sahu …. Respondents For all the Appellants:
Legal Reasoning
Ms. Agnisikha Ray, Advocatge For State of Odisha: Mr. P.B. Tripathy, Addl. Standing Counsel JUSTICE S.K. SAHOO CORAM: Order No.
Decision
ORDER 16.08.2024 02. All the criminal appeals are taken up through Hybrid arrangement (video conferencing/ physical mode). Since all the criminal appeals arise out of one case i.e. Special G.R. Case No.12/21 of 2023 pending in the Court of learned 1st Additional Sessions Judge, Sambalpur, with the consent of the learned counsel for the respective parties, all the cases are heard analogously and disposed of by this common order. Learned counsel for the State submitted that as per the order of this Court, notice on the mother of the deceased as the victim of the case has been made sufficient. None appears for the mother of the deceased. Page 2 of 7 Heard Ms. Agnisikha Ray, learned counsel for all the appellants and Mr. Priyabrata Tripathy, learned Additional Standing Counsel for the State. All the appeals under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.12/21 of 2023 arising out of Sambalpur Town P.S. Case No.124 of 2023 pending in the Court of learned 1st Additional Sessions Judge, Sambalpur for offences punishable under sections 147/148/323/326/302/ 307/153(A)/506/149 of the Indian Penal Code and sections 3(1)(r)/3(2)(v)(va) of the S.C. & S.T. (PoA) Amendment Act, 2015. The appellant Md. Raza Hussain @ Raju in CRLA No.379 of 2024 moved an application for bail before the Court of learned 1st Additional Sessions Judge, Sambalpur, which was rejected on 06.04.2024, appellant Haider Khan in CRLA No.439 of 2024 moved an application for bail before the Court of learned 1st Additional Sessions Judge, Sambalpur, which was rejected on 24.04.2024, appellant Guddu @ Jabir Hussain in CRLA No.506 of 2024 moved an application for bail before the Court of learned 1st Additional Sessions Judge, Sambalpur, which was rejected on 30.04.2024, appellant Md. Yusuf @ Md. Isar in CRLA No.542 of 2024 moved an application for bail before the Court of learned 1st Additional Sessions Judge, Page 3 of 7 Sambalpur, which was rejected on 16.05.2024 and appellant Kasim Khan in CRLA No.609 of 2024 moved an application for bail before the Court of learned 1st Additional Sessions Judge, Sambalpur, which was rejected on 13.06.2024. Learned counsel for the appellants submitted the appellant Md. Raja Hussain @ Raju approached this Court earlier in CRLA No.691 of 2023 and his bail application was rejected as per order dated 09.10.2023 and appellant Md. Yusuf @ Md. Israr approached this Court earlier in CRLA No.821 of 2023 and his bail application was also rejected as per order dated 09.10.2023 and similarly appellant Kasim Khan approached this Court earlier in CRLA No.1285 of 2023 and his bail application was rejected as per order dated 16.02.2024. Learned counsel further submitted that the appellant Haider Khan in CRLA No.439 of 2024 and appellant Guddu @ Jabir Hussain in CRLA No.506 of 2024 have approached this Court for the first time. Learned counsel further submitted that after the rejection of the bail applications of the appellants, namely, Md. Raja Hussain @ Raju, Md. Yusuf @ Md. Israr and Kasim Khan, similarly situated co-accused persons, namely, Arbaz Khan and Bismaya Kumar Behera @ Bittu have been released on bail by this Court in CRLA No.1182 of 2023 and CRLA Page 4 of 7 No.1226 of 2023 as per orders dated 09.04.2024 and 12.03.2024 respectively and other appellants, namely, Haider Khan and Guddu @ Jabir Hussain are similarly situated like the co-accused persons, who have been enlarged on bail. Learned counsel further submitted that appellants, namely, Md. Raza Hussain @ Raju, Haider Khan and Guddu @ Jabir Hussain, Md. Yusuf @ Md. Isar and Kasim Khan are in judicial custody since 22.04.2023, 26.04.2023, 02.05.2023, 17.04.2023 and 05.05.2023 respectively and they have been charge sheeted under sections 147/148/323/326/302/307/153(A)/506/149 of the Indian Penal Code and sections 3(1)(r)/3(2)(v)(va) of the S.C. & S.T. (PoA) Amendment Act, 2015. Learned counsel further submitted since at the instance of the co-accused persons, namely, Safak Khan and Asfak Khan @ Lucky CRLMC No.5101 of 2023 have been filed and the same is subjudiced before this Court in which order of taking cognizance has been challenged and stay order has been passed, there is no prospect of early trial and therefore, the bail applications of the appellants may be favourably considered. Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there are criminal antecedents against appellant Md. Yusuf @ Md. Isar. Page 5 of 7 Considering the submissions made by the learned counsel for the respective parties, the period of detention of the appellants in judicial custody, release of the co-accused persons on bail and absence of any chance of early trial, I am inclined to reconsider the prayer for bail of appellants, namely, Md. Raja Hussain @ Raju, Md. Yusuf @ Md. Israr and Kasim Khan, whose bail applications were rejected and direct them to be released on bail so also I direct the appellants, namely, Haider Khan and Guddu @ Jabir Hussain, who are similarly situated like the co- accused persons, namely, Arbaz Khan and Bismaya Kumar Behera @ Bittu be released on bail. Let all the appellants be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that while on bail, the appellants shall not try to tamper with the prosecution evidence and they shall appear before the learned trial Court on each date to which the case would be posted for trial and they shall not indulge in any criminal activities in any manner. Violation of any of the terms and conditions shall Page 6 of 7 entail cancellation of bail. All the CRLAs are accordingly disposed of. Urgent certified copy of this order be granted on proper application. Judge ( S.K. Sahoo) RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2024 19:56:09 Page 7 of 7