The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.741 of 2024 Bhubaneswar Thela ..... Appellant(s) Represented By Mr. J. Sahoo, Advocate State of Odisha & Krushna Jani (informant) -versus- ..... Respondent(s)
Legal Reasoning
Ms. B.K. Sahu, AGA Mr. K. Jena, (Informant appearing personally) CORAM: THE HON’BLE MR. JUSTICE ANANDA CHANDRA BEHERA Order No.
Decision
ORDER 11.11.2024 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This is an appeal under Section 14-A of SC & ST (PA) Act, 1989, which has been preferred by the appellant against an order of rejection of his bail passed on dated 22.07.2024 by the learned Addl. Dist. & Sessions Judge, Umerkote, District-Nabarangpur in T.R. Case No.19 of 2024. 3. The appellant is in jail custody since 26.06.2024 having been implicated with the offences under Sections 341/294/323/325/307/506 read with Section 34 of the IPC, 1860 and Section 3(1)(r)(s) and 3(2)(va) of SC & ST (PA) Act, 1989 on the allegations alleged against him that, on dated 25.06.2024, when the Sarpanch of Jamadarpada Gram Panchayat i.e. Krushna Jani was returning to his village by his motor cycle after supervising Government works at village Belapati, Page 1 of 5 on the way of his return, the appellant Bhubaneswar Thela along with his co-accused persons namely, Jugeswar Thela, Jumbeswar Thela, Haraharisingh Thela, Bahadur Thela, Tikam Thela and Pera Thela wrongfully obstructed him (Sarapanch-Krushna Jani), abused him in filthy languages touching his caste as the appellant belong to General Caste and the Sarapanch-Krushna Jani belong to Scheduled Tribe and assaulted him on his head by means of wooden plank and by the result of which, Sarapanch-Krushna Jani fell down on the ground sustaining injuries on his person. Thereafter, the said Krushna Jani lodged the FIR and basing upon such FIR, the case vide Chandahandi P.S. Case No.100 of 2024 was registered against the appellant and his co-accused persons (those had participated in the alleged incident) and the investigation was started. During investigation, the appellant was arrested on the same day i.e. on 26.06.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, the appellant is in jail custody. 4. In the meantime, the investigation of the case has already been completed and the chargesheet thereof has already been submitted against the appellant along with the other 6 co-accused persons on dated 30.08.2024. 5. I have already heard from the learned counsel for the appellant, the learned Addl. Government Advocate for the State (respondent) and the informant (Krushna Jani) personally. 6. During the course of hearing, the learned counsel for the appellant submitted that, the appellant is in jail custody more than 3 months and during the staying of the appellant inside the jail, the Page 2 of 5 investigation of the case has already been completed, for which, his prayer for bail is required to be considered liberally, to which, learned Additional Government Advocate vehemently objected contending that, as the appellant has assaulted local Sarapanch, who is one public representative of Jamadarpada Gram Panchayat while he was returning to his house after discharging his public works, then, in these nature of allegations, he (appellant) should not be allowed to go on bail. The informant (Krushna Jani) also objected the bail of the appellant contending that, there is every possibility of threat to his life by the appellant, in case of his release on bail, because, the appellant may assault him again after his release on bail, for which, in order to keep his (informant’s life) secured, he (appellant) should not be allowed to go on bail till the conclusion of the trial of the case. 7. It appears from the record that, the co-accused persons of the appellant those had participated during the alleged incident with the appellant, have not been arrested by the investigating officer because, the investigating officer had allowed them to appear before him by serving notice under Section 41(A) of the Cr.P.C upon them. 8. When the appellant is in jail custody since 26.06.2024 and when during the staying of the appellant inside the jail, the investigation of the case has already been completed and when the co-accused persons of the appellant have not been arrested by the investigating officer, then, at this juncture, by taking the submission of the learned AGA for the State and the informant, it is felt proper to allow the appellant to go on bail with stringent conditions looking to the future safety and security of the informant/victim, his family members, witnesses as well as the interest of the prosecution. 9. Hence, the CRLA filed by the appellant is allowed. Page 3 of 5 10. The order dated 22.07.2024 passed by the learned Addl. Dist. & Sessions Judge, Umerkote, District-Nabarangpur in T.R. Case No.19 of 2024 is set aside. 11. He (appellant) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Addl. Dist. & Sessions Judge, Umerkote, District-Nabarangpur with conditions that:- he (appellant) shall not involve with similar nature (i) of crime in future. (ii) he (appellant) shall appear before the trial court personally on each date of adjournment of the case without fail till the conclusion of trial. (iii) he (appellant) shall appear before the IIC, Chandahandi police station on each Sunday, till the conclusion of the trial of the case. (iv) he (appellant) shall not terrorize, coerce, influence or threat to the informant (Krushna Jani) or his family members and witnesses either directly or indirectly in any manner whatsoever at any stage of the trial of the case vide T.R. No.19 of 2024 but, in case of his failure to comply any one of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission from this Court for the same and liberty is also given to the prosecution as well as the informant to take step for cancellation of bail of the appellant, if the appellant violates any of the aforesaid conditions. 12. A copy of this Order be sent to the IIC, Chandahandi police station for his information and compliance on the basis of the direction given in this Order. 13. Grant urgent certified copy of this order to the appellant on proper application. 14. A free copy of this Order be supplied to the informant for his Page 4 of 5 information about the above imposed conditions. 15. Accordingly, the CRLA filed by the appellant is disposed of finally. Rati Ranjan ( A.C. Behera ) Judge Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India. Date: 11-Nov-2024 17:08:07 Page 5 of 5