Gobinda Jena State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12555 of 2022 Gobinda Jena State of Odisha ….. Vs. ….. Petitioner Mr. Achyutananda Pattanaik, Advocate Opposite Party Mr. D. Nayak, Addl. Govt. Advocate CORAM: JUSTICE SAVITRI RATHO ORDER 06.06.2023 Order No. (Through hybrid mode) 03. This is the third successive bail application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Jankia P.S. Case No.78 of 2021 corresponding to S.T. Case No.21/76 of 2021 pending in the Court of learned C.J.M. -cum- Asst. Sessions Judge, Khurda. The petitioner is facing trial along with Anil Kumar Sundaray petitioner in BLAPL No. 13062 of 2022 along with other accused for commission of offences punishable under Section 395 of the IPC and Section 25 of the Arms Act. 2. BLAPL No.5066 of 2021 filed by the petitioner had been withdrawn to move the learned trial Court for bail and BLAPL No.2094 of 2022 filed by the petitioner had been dismissed on Page 1 of 6 22.09.2022 granting liberty to him to move for bail afresh if trial was not concluded expeditiously. Now the prayer for bail of the petitioner has been rejected by the learned 1st Addl. Sessions Judge, Khurda order dated 14.11.2022 passed in BLAPL No. 612 of 2022.
Legal Reasoning
3. Mr. A. Pattanaik, learned counsel for the petitioner has submitted that FIR had been registered against three unknown persons and the allegations against the petitioner was that after the co-accused persons had kicked the scooty of P.W.2 and he fell down, the petitioner had come on a motorcycle alongwith co- accused Sk. Azad. Thereafter co-accused Chandan @ Chandrasekhar Biswal at the point of bhujali, had opened the dicky and taken away the cash of Rupees Five Lakh Fifty thousand kept there. The petitioner was identified in the T.I parade alongwith some other co accused persons. All other accused persons have been released on bail while the petitioner and co accused Anil Kumar Sundaray are in custody since more than two years (28.05.2021 and 17.04.2021 respectively). Two of the accused who had been identified in the T.I Parade have been granted bail by this Court - Chandan @ Chandra Sekhar Biswal in BLAPL No. 11622 of 2021 by order dated 31.01.2022 and Aju Page 2 of 6 @ Sk. Azad in BLAPL No. 1916 of 2022 by order dated 09.09.2022. The petitioner stands on a better footing than them. He has further submitted that that out of twenty one chargesheet witnesses, only twelve have been examined in the trial and he has filed the copies of their depositions in BL APL No. 13062 of 2022. Except P.W.2, Sangram Keshari Jayasingh, the other witnesses have not stated anything incriminating against the petitioner and as the trial is lingering for no fault of his, he should be released on bail. 4. Mr. D. Nayak, learned Additional Government Advocate opposed the prayer for bail stating that the petitioner has two criminal antecedents of similar nature and has actively participated in the crime. It could not be brought to the notice of the Court which was hearing BL APL No. 11622 of 2021 that the accused persons who had earlier been released on bail had not been identified in the T.I. parade and therefore stood on a different and better footing than the petitioner in BLAPL No. 11622 of 2021,. So prayer of bail of co-accused Chandan @ Chandra Sekhar Biswal was allowed on the ground that he stood on a similar footing as the other accused persons who had been released on bail. Aju @ Sk. Azad whose prayer for bail had been rejected Page 3 of 6 earlier in BLAPL No. 5393 of 2021, has been granted bail in BLAPL No. 1916 of 2022 as co-accused Chandan @ Chandrasekhar Biswal had been released on bail and only one identifying witness had identified him during the trial. 5. From a perusal of the reports dated 05.04.2023, 21.04.2023 and 08.05.2023 of the learned C.J.M., Khurda, it is apparent that the case was committed on 14.09.2021 and transferred to the Court of the learned C.J.M. on 14.09.2021 and charge was framed on 19.05.2022. Out of twenty one charge sheeted witnesses, thirteen had been examined by 06.04.2023. The case was posted to 05.05.2023 for evidence. Two witnesses had come on that day but as the Presiding Officer had been relieved and no officer has joined in his place, they could not be examined. The case was thereafter posted to 18.05.2023 for trial. 6. Perusal of the depositions reveals that four witnesses were examined on 08.07.2022 and P.W.5 and P.W.6 on 03.11.2022; and P.W.7, P.W.8 and P.W.9 on 01.12.2022 and P.W.10, P.W.11 and P.W.12 on 09.12.2022. P.W.2 Sangram Keshari Jayasingh has stated that co-accused Sk Azad and the petitioner Govinda Jena came on a black motor cycle and followed the two culprits who had snatched the cash. P.W.3 Sumanta Behera has identified four Page 4 of 6 accused persons during trial- Chandra Sekhar Biswal, Sidhanta Kumar Swain and Pitamber Baliarsingh and Anil Kumar Sundaray. He has stated that after the four accused persons came in a black motorcycle and kicked his scooty, he fell down. Thereafter Chandra Sekhar Biswal came, took the key of the scooty, opened the dicky and took away the cash of Rs. 5,50,000/-. 7. Chandan @ Chandra Sekhar Biswal has been released on bail in BLAPL No. 11622 of 2021 by order dated 31.01.2022, Aju @ Sk. Azad who has been released on bail in BLAPL No. 1916 of 2022 by order dated 09.09.2022, Pitambar Baliarsingh has been released on bail in BL APL No. 5614 of 2021 by order dated 25.03.2022. 8. Considering the submissions of the learned counsel for respective parties, the period of detention of the petitioner in custody and the fact of release of other accused persons and as the order dated 31.01.2022 passed in BLAPL No.11622 of 2021, has not been challenged by the State till date, I am inclined to allow the prayer of the petitioner for bail. 9. Let the petitioner Govinda Jena be released on bail in the aforesaid case on such terms and conditions as the learned trial Court, may deem fit and proper including the following Page 5 of 6 conditions: i) He shall not indulge in any criminal activity. ii) He shall appear before the learned trial Court on each date to which the case is posted for trial unless his appearance is dispensed with on a particular date by the learned trial court. iii) He shall report before the Jankia Police Station on every alternate Sunday between 5.00 pm to 7.00 pm. Violation of any of the condition shall entail in cancellation of bail. 10. The BLAPL is accordingly allowed. 11. Observations in this order are for the purpose of consideration of the bail application and should not influence the trial Court in any manner. 12. Urgent certified copy of this order be granted on proper application. 13. A copy of the order be sent to the I.I.C., Jankia Police Sukanta Station. ………………………... (SAVITRI RATHO) JUDGE Page 6 of 6 Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Jun-2023 16:55:11