Md. Alquma @ Alquama v. ….. Mr. Susil Kumar Patttnaik, Adv. Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM
Case Details
THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10513 of 2023 Md. Alquma @ Alquama Petitioner State of Orissa ….. Vs. ….. Mr. Susil Kumar Patttnaik, Adv. Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO ORDER 08.05.2024 (Through hybrid mode) Order No. 03. 1. This application under Section 439 of Cr.P.C. has been filedin connection with Champua P.S. Case No. 41 of 2023 corresponding to G.R. Case No.111 of 2023 pending in the Court of the learned S.D.J.M., Champua, where charge sheet dated 27.09.2023 has been submitted against the present petitioner, co-accused Abhimanyu Pradhan @ Abhi, Mahes Pan @ Motu, Lambu@ Bihari@ Sankar Naik, Biswajit @ Ganesh Giri, Balabhadra Gope @ Duldul, Alok Mohapatra, Sk. Nesar, Bablu @ Babru Mohan Gope under Section 395 of IPC , keeping investigation open for recovery of the vehicle. Page1 of 7 2. This matter has been listed before me as BLAPL No. 135 of 2024 filed by co-accused Sk. Nesar had been dismissed by me on 11.01.2024. 3.
Decision
Thereafter, BLAPL No. 171 of 2024 has been disposed of by a co-ordinate bench of this Court on 12.03.2024 for which BLAPL No. 8864 of 2023 filed by a co-accused had been put up by the Registry before the Hon’ble Chief Justice for assigning to the appropriate bench and BLAPL No. 8864 of 2023 has again been directed to be listed before this Court in view of disposal of BLAPL No. 135 of 2024 by this Court. 4. The prayer for bail of the petitioner has been rejected on 14.07.2023 in BA No. 210 of 2023 by the learned Additional Sessions judge, Champua while investigation was in progress. 5. The prosecution allegation in brief is that on the night of 21.03.2023 at about 11.30 p.m., the informant who is a driver of the 10 wheeler truck bearing Registration No. OD-09-G- 1828 was returning after unloading iron ore at Basantapur and had parked the truck and had gone to attend the call of nature, five to six persons came in a Bolero vehicle and on the point of Bhujali threatened him and tied him and his helper with a Page2 of 7 Gamuchha and drove away the hywa. Three of the accused persons took the informant and the helper in the Bolero towards Basudevpur Ramchandrapur jungle and left them tied up in the jungle. The informant managed to escape from the – jungle and informed the owner about the incident and the FIR was lodged on the next day. 6. During investigation the petitioner was arrested in connection with Champua P.S. Case No. 80 of 2023 and has thereafter been remanded in this case on the basis of his own confession and confession of the co-accused persons in the said case. 7. Mr. S. K. Pattnaik, learned counsel for the petitioner submits that the petitioner has been remanded in this case on 31.05.2023, while he was in jail custody in connection with Champua PS Case no. 80 of 2023. He further submits that although the petitioner was not named in the FIR, no TI parade has been held in this case and there has been no recovery from the petitioner and apart from his own confession and the confession of the co-accused there no other incriminating material collected against him. He further submits that co- Page3 of 7 accused Alok Mohapatra has been granted bail in BLAPL No. 171 of 2024 by a coordinate Bench of this Court. As regards the criminal antecedents learned counsel for the petitioner submits that a comprehensive affidavit has been filed by Md. Shamse Parwez @ Shames Parwez, father of the petitioner stating that the petitioner has three other criminal antecedents and only one case is of similar nature, and he has filed a memo stating that the petitioner has been granted bail in all the three cases. The cases are as follows; (i) Champua PS Case No. 80 of 2023, corresponding to G.R. Case No. 195 of 2023 under Section 395 of the IPC, (ii) Joda PS Case No. 94 of 2021, corresponding to G.R. Case No. 318 of 2021 under Section 353, 307,34 of the IPC, (iii) Kothi PSCase No. 13 of 2023, under Section 452,354(A),506,34 of the IPC (in Bihar). 8. Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner along with the co-accused persons have stolen the vehicle of the informant which is yet to be recovered and since he has three criminal antecedents and one is of similar nature, he is likely to Page4 of 7 indulge in further criminal activity if he is released on bail and since he is belongs to Bihar, he will not co-operate with the trial and may abscond if he is released on bail. 9. Perused the order dated 12.03.2024 passed in BLAPL No. 171 of 2024 in respect of co accused Alok Mohapatra and the orders dated 18.01.2024 passed in BLAPL No. 79 of 2024 and – BLAPL No. 83 of 2024. BL APL No. 79 of 2024 and 83 of 2024 arise out of Champua PS Case No. 14 of 2023, while the present case arises out of Champua PS Case No. 41 of 2023. In BL APL No. 83 of 2024, Alok Mohapatra was the petitioner. 10. While allowing the prayer for bail in BLAPL No. 171 of 2024 , the co-ordinate Bench has observed as follows : 5. Learned counsel for the petitioner submits that in all the cases, he has already been granted bail. He further “ submits that when he was in custody in one of the cases, his client has been taken on remand in other cases including the present one. The petitioner is relying upon the orders of the coordinate Bench passed in BLAPL No.83 of 2024 and BLAPL No.79 of 2024 wherein the co-accused has already been enlarged on bail vide order dated 18.01.2024.” 11. So, it appears that the submission the learned counsel for Page5 of 7 the petitioner in BL APL No. 171 of 2024 regarding release of co- accused in the case was incorrect. So, this application has to be considered on its own merit. 12. Considering the submission that the petitioner was not named in the FIR, there has been no recovery from him and no T.I. parade has been held and as he has been granted bail in all the 3 cases he is accused in, even though one case is under Section 395 of the IPC, I am inclined to allow his prayer for bail. 13. The petitioner- Md. Alquma @ Alquama shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification that he has only three criminal antecedents which have been mentioned in paragraph-7 of this order and has been granted bail in all the three cases , including the following conditions: (i) He shall furnish cash surety of Rs.10,000/- (Rupees Ten Thousand only). (ii) He shall not indulge in any criminal activity while on bail. (iii) He shall not threaten or try to influence prosecution witnesses while on bail. Page6 of 7 (iv) He shall cooperate with further investigation and appear before the I.O. as and when required for the said purpose. (v) He shall remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Cr.P.C. (vi) He shall not leave Keonjhar without prior permission of the learned trial Court, once trial commences. (vii) He shall furnish his mobile number, copy of Aadhaar Cards, his present address and permanent address in Bihar to the Court, which shall be verified by the police before he is released on bail. 14. Violation of any condition will entail in cancellation of bail/recall of this order. 15. The BLAPL is accordingly disposed of. 16. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 14-May-2024 20:24:41 Page7 of 7