The High Court
Case Details
Order No. 19. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6033 of 2023 Sailabala Mishra …. Petitioner Mr. S.K. Bhanjadeo, Advocate State of Odisha …. Opp. Party -versus- Mr. Tapas Kumar Praharaj, SC Mr. J. Sahoo, Advocate (for Informant) CORAM: JUSTICE M.S. SAHOO
Decision
ORDER 24.01.2024 Hybrid Mode 1. The BLAPL has been filed U/S 439 Cr.P.C. seeking release of the petitioner is in jail custody in connection with Polasara P.S. Case No.255 dated 08.05.2023 corresponding to G.R. Case No.253 of 2023 pending in the court of learned J.M.F.C., Polasara, for alleged commission of offences under Sections 420/506/34 of IPC. The petitioner’s petition praying for bail was rejected by order dated 16.05.2023 passed by learned Additional District & Sessions Judge, Kodala, Ganjam in Bail Application No.143 of 2023 (arising out of G.R. Case No.253 of 2023). 2. Learned counsel for the petitioner submits that he has obtained certified copy of the order from the learned court in seisin of the matter in G.R. Case No.253 of 2023 (A), wherein the order dated 06.12.2023 indicates that the petitioner had surrendered before the learned Page 1 of 6 // 2 // court. The surrender petition was allowed and the petitioner was taken into judicial custody resulting in recall of the NBW(A). In view of the above, learned counsel for the petitioner shall file certified copy of the order indicating surrender before the Registry. Scanned copy will be updated. Office note put up by the Registry indicated in the cause list that surrender certificate not filed, shall be treated to be complied. 3. Learned counsel for the petitioner submits that the petitioner is in custody since 09.05.2023, in the meanwhile, the Final Prosecution Report has been submitted and the trial has already commenced and five witnesses have been examined. Learned counsel for the petitioner also submits that petitioner has filed affidavit through one Bibhuti Bhusan Bishoyi aged about 36 years, S/o. Sarat Chandra Bishoyi, Occupation-Business, Resident of Kalua Nagar, 3rd Line, Lochapada, Berhampur, P.S. Nimakhandi, District-Ganjam stating on oath on behalf of the petitioner (at paragraph-3 of the affidavit) the following: “3. That, the petitioner is ready to give Rs.2.00 Lakhs( Rupees Two Lakhs) as cash security and property security worth of Rs.51.00 Lakhs (Fifty one lakhs) pertaining under Khta No.520/1309, Plot No.119/6356 to an extent of Ac.0.030 decimals, Kisam Gharabari under Mouza Lochapada, Tahasil Berhampur in the District of Ganjam.” to House property 4. Learned counsel for the petitioner produces the copy of the affidavit and submits that he had no time to Page 2 of 6 // 3 // e-file the same, in the paperless format and may be accommodated and the affidavit may be accepted. In view of the paperless filling of the bail petitions, learned counsel for the petitioner shall file the affidavit in the Registry. Registry to do the needful. Copy of the affidavit has been served on the learned counsel for the State and the learned counsel appearing for the informant. 5. It is further submitted by the learned counsel for the petitioner that the petitioner is a lady aged about 55 years, she is a local resident and shall subject herself to the jurisdiction of the learned court in seisin of the matter. It is submitted that the petitioner shall abide by the terms and conditions that would be imposed if the court is inclined to grant bail of the petitioner. 6. The learned Standing Counsel for the State, referring to the materials contained in the case diary and nature of allegations opposes the prayer for bail. 7. Learned counsel appearing for the informant vehemently opposes the prayer for bail referring to the plight of the informant who has allegedly been duped by the petitioner for a substantial amount of money. However, it is not disputed at the bar that in the meanwhile, the Final Prosecution Report has been submitted, the trial has commenced and about five numbers of witnesses have been examined. 8. Having heard the learned counsel for the petitioner learned Standing Counsel for the State and the learned counsel for the informant, considering the fact that the petitioner is a lady and further fact that to seek indulgence of the court the petitioner has undertaken to Page 3 of 6 // 4 // comply certain conditions by filing affidavit through her relative as indicated above, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter, which shall also include the following conditions: Two sureties for an amount to the satisfaction of the learned court in seisin of the matter, out of the two sureties one shall be a family member of the petitioner and the other shall be a local person; the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction; copy of the affidavit filed before this Court dated 23.01.2024 on behalf of the petitioner shall also be filed before the learned court in seisin of the matter supported by another affidavit. Learned court shall take note of the averments made on behalf of the petitioner at paragraph-3 of the said affidavit dated 23.01.2024, while fixing the condition for bail after recording its satisfaction regarding compliance of the conditions as undertaken by the petitioner; the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence; the petitioner shall not indulge herself in similar activity; Page 4 of 6 // 5 // the petitioner shall surrender her passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, she would submit an affidavit stating the said fact; the petitioner shall appear before the concerned authority as would be so required for the purpose; she shall appear before the police having jurisdiction of her area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court; the petitioner shall fully cooperate with the ongoing further investigation and make herself available anywhere as and when required for such purpose; the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency; the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial; the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; In case of her involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail; Page 5 of 6 // 6 // 9. The BLAPL is disposed of. It is clarified that any observations made in this order shall not be construed to be the opinion of this Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition. Urgent certified copy of this order be granted on proper application. jyostna Judge (M.S. Sahoo) Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 25-Jan-2024 11:46:21 Page 6 of 6