The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10748 of 2024 Susa @ Susanta Baliarsingh @ Susana Baliarsingh …. Petitioner Mr. Jyotirmaya Sahoo Advocate -versus- State of Odisha …. Opp. Party Ms. Sarita Moharana, Additional Standing Counsel CORAM: Order No. JUSTICE SAVITRI RATHO
Decision
ORDER 07.02.2025 (Through Hybrid Mode) 05. 1. This is second application under Section 439 of Cr.P.C. in connection with Jankia P.S. Case No.235 of 2023 corresponding to G.R. Case No.785 of 2023 pending in the Court of learned J.M.F.C. (Cog.), Khurda. 2. The petitioner along with other accused persons, namely, Gobinda Jena, Chandan Biswal @ Chadrasekhar, Jagannath Baral, Pintu @ Bidubhusan Kar and another unknown persons are facing trial in the Court of learned 2nd Additional Sessions Judge, Khurda in S.T. Case No.77 of 2024 for commission of offences punishable under Section 307/506/324/325/326/120-B/34 of the I.P.C. read with Sections 25 & 27 of the Arms Act. Earlier the bail application of the petitioner, i.e., BLAPL No.12102 of 2023 has been dismissed granting liberty to the petitioner to move for bail after examination of the injured in the trial or if there was undue delay in examination of the injured in the trial. Thereafter, the petitioner has moved the learned trial Court for bail, which has been rejected on 24.09.2024. 3. The prosecution allegation in brief is that on 24.07.2023, the present petitioner along with the other accused persons and another unknown person made a conspiracy in the house of Pintu @ Bidubhusan Kar. On 25.07.2023 at about 6.00 AM when the injured Biroj Kumar Rath @ Butuna had gone for a morning walk, he was assaulted by the accused persons and the un- known accused by means of swords. As a result of which he sustained 22 incised bleeding injuries including two fractures. Thinking that he had died the accused persons left the spot on two motorcycles. After the informant reached the spot, the injured was shifted to SUM Hospital. He regained his consciousness on the way and named the co-accused Gobinda Jena, Chandan Biswal and Jagannath Baral to have assaulted him with sword. 4. Mr. Jyotirmaya Sahoo, learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2023 and Page 2 of 7 number of witnesses have been examined, but the injured Biroj Kumar Rath @ Butuna in spite of service of summon is not appearing in the Court for adducing evidence. He further submits that it has been alleged that the petitioner has 28 criminal antecedents and the cases with their status have been indicated but in the affidavit dated 19.12.2024 filed by Bibhuti Baliarsingh, who is the elder brother of the petitioner. The cases indicated in the affidavit are as follows:- Nirakarpur P.S. Case No – 36 dtd. 23.04.2016 U/S – Nirakarpur P.S. Case No – 171 dtd. 20.12.2014 U/S – Nirakarpur P.S. Case No – 145 dtd. 21.10.2014 U/S – “(i) Nirakarpur P.S. Case No – 127 dtd. 18.09.2014 U/S – 47(a) B & O Excise Act (Judgment – Acquitted) (ii) 47(a) B & O Excise Act (Judgment – Acquitted) (iii) Nirakarpur P.S. Case No – 27 dtd. 20.03.2018 U/S – 47(a) B & O Excise Act (Judgment – Acquitted) (iv) 47(a) B & O Excise Act (Judgment – Acquitted) (v) Nirakarpur P.S. Case No – 116 dtd. 22.08.2014 U/S – 147/148/448/427/354/323/307/506/149 IPC & 9(b) I.E. Act (Regular Bail) (vi) 341/294/323/354/506 IPC (Judgment – Acquitted) (vii) Nirakarpur P.S. Case No – 75 dtd. 17.08.2016 U/S – 147/148/427/323/506/149 IPC r/w 25 Arms Act & 3/4 E.S. Act (Judgment – Acquitted) (ix) Nirakarpur P.S. Case No – 05 dtd. 13.01.2017 U/S – 147/148/294/323/506/149 IPC & 25/27 Arms Act (Judgment – Acquitted) (x) 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xi) 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xii) Nirakarpur P.S. Case No – 235/2023 U/S – 307/324/326/506/34 IPC (Pending) (xiii) Nirakarpur P.S. Case No – 183 dtd. 24.12.2020 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xiv) Nirakarpur P.S. Case No – 01 dtd. 01.01.2014 U/S – 294/506/34 IPC (Judgment – Acquitted) (xv) Nirakarpur P.S. Case No – 19 dtd. 09.03.2019 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) Nirakarpur P.S. Case No – 62 dtd. 22.06.2018 U/S – Nirakarpur P.S. Case No – 95 dtd. 28.09.2017 U/S – Page 3 of 7 (xvi) Nirakarpur P.S. Case No – 25 dtd. 17.02.2020 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xvii) Nirakarpur P.S. Case No – 52 dtd. 21.05.2019 U/S – 451/323/354(A)/354(B)/294/506/34 IPC (Regular Bail) (xviii) Nirakarpur P.S. Case No – 99 dtd. 20.10.2019 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xix) Nirakarpur P.S. Case No – 79 dtd. 12.06.2020 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xx) Nirakarpur P.S. Case No – 163 dtd. 20.11.2020 U/S – 341/323/379/294/506/34 IPC (Judgment – Acquitted) (xxi) Nirakarpur P.S. Case No – 123 dtd. 13.08.2021 U/S – 186 IPC r/w 52(a)(i) Excise Act r/w Sec 183/184 of M.V. Act (Judgment – Acquitted) (xxii) Nirakarpur P.S. Case No – 147 dtd. 22.09.2021 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xxiii) Nirakarpur P.S. Case No – 152 dtd. 02.10.2021 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xxiv) Nirakarpur P.S. Case No – 82 dtd. 31.03.2023 U/S – 294/323/452/506/34 (Regular Bail) (xxv) Nirakarpur P.S. Case No – 183 dtd. 24.12.2020 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xxvi) Nirakarpur P.S. Case No – 36 dtd. 23.04.20106 U/S – 47(a) B & O Odisha Excise Act (Judgment – Acquitted) (xxvii)Nirakarpur P.S. Case No – 62 dtd. 22.06.2018 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted) (xxviii)Nirakarpur P.S. Case No – 95 dtd. 28.09.2017 U/S – 52(a)(i) Odisha Excise Act (Judgment – Acquitted)” Mr. Sahoo further submits that out of 27 cases excluding the present case, the petitioner has been acquitted in 24 cases out of which 18 cases are under the Orissa Excise Act. Out of the remaining 4 cases which are pending, one is the present case and the other three cases are (i)Jankia P.S. Case No.235 of 2023 under Sections 307/506/34 of the IPC, (ii)Nirakarpur P.S. Case No.52 of 2019 under Sections 451/323/354(A)/354(B)/294/506/34 IPC and (iii) Nirakarpur P.S. Case No.82 of 2023 under Sections 294/323/452/506/34 of the IPC and he has been granted bail in all Page 4 of 7 the three cases. He further submits that one Ashok Mohapatra has been examined as P.W.1 in this case and he has not supported the prosecution case. 5. Ms. Sarita Moharana, learned Additional Standing Counsel opposes the prayer for bail and states that the victim/injured has been conjointly assaulted by the accused persons including the petitioner and sustained 24 injuries out of which 22 injuries are lacerated grievous injuries and 2 are fractures. She further submits that the whereabouts of the injured are unknown and if the petitioner is released on bail, he is likely to threaten the injured. She further submits that in view of his criminal antecedents, the petitioner should not be released on bail as no other accused has been granted bail. 6. Perused the status report dated 22.01.2025 of the learned 2nd Additional District & Sessions Judge, Khurda. In the said report it is stated that on 16.01.2025 no witnesses were present and on 17.01.2025 he availed C.L. It is also stated that two witnesses, i.e., P.W. 2 & P.W.3 were examined on 20.01.2025 and all possible steps have been taken for procuring the attendance of the injured Biroj Kumar Rath @ Butuna, but he did not turn up. 7. Considering the fact that the petitioner is in custody since Page 5 of 7 04.09.2023, in the status report of the learned trial Court it is stated that the injured is not turning up for adducing evidence, despite repeated summons and the submission of the learned counsel for the petitioner that in 24 out of 28 cases against him, he has been acquitted and 18 out of these 24 cases were Excise cases and in the remaining three cases he has already been granted bail, I am inclined to allow the prayer for bail of the petitioner but subject to stringent conditions. 8. The petitioner – Susa @ Susanta Baliarsingh @ Susana Baliarsingh be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that only four cases including this case are pending against the petitioner and he has been granted bail in the other three cases as mentioned above, including the following conditions: (i) He will not indulge in any criminal activity while on bail, (ii) He will not threaten or try to influence prosecution witnesses while on bail (iii) He shall furnish cash surety of Rs.10,000/- (iv) He will report before the Jankia Police Station on every Sunday between 4.00 P.M. to 6.00 P.M. till conclusion of trial. Page 6 of 7 (v) He will remain present in the learned trial Court on each date. 9. Violation of any condition will entail in cancellation of bail/recall of this order. 10. The petitioner shall be released on bail after verifying that the petitioner has been granted bail in Jankia P.S. Case No.235 of 2023, Nirakarpur P.S. Case No.52 of 2019 and Nirakarpur P.S. Case No.82 of 2023 and that the injured in spite of being alive, is not appearing in the learned trial Court to adduce evidence. 11. The BLAPL is accordingly disposed of. 12. It is also directed that in case the victim Biroj Kumar Rath requires police protection for adducing evidence in the Court of learned 2nd Additional Sessions Judge, Khurda, it is open to him to apply to the Superintendent of Police, Khurda and IIC, Jankia Police Station for necessary security/police protection. 13. Copy of the order be supplied to Ms. Sarita Moharana, learned Additional Standing Counsel for communication to the Superintendent of Police, Khurda as well as to the I.I.C., Jankia Police Station. Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Feb-2025 11:28:31 Amit (Savitri Ratho) Judge Page 7 of 7