Bhubanananda Nayak State of Orissa and another v. ….. CORAM: JUSTICE SAVITRI RATHO ORDER 07.05.2024 (Through hybrid mode) Order No. 06. 1
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 664 of 2023 Bhubanananda Nayak State of Orissa and another Petitioner Mr. Kuresh Prasad Das, Advocate Opp. Parties Mr. S. S. Mohapatra, Adv. ….. Vs. ….. CORAM: JUSTICE SAVITRI RATHO ORDER 07.05.2024 (Through hybrid mode) Order No. 06. 1. The petitioner is the sole accused in Berhampur Sadar P.S. Case No. 182 of 2023 corresponding to G.R. Case N. 534of 2023 in the file of the J.M.F.C ( Rural) Cog. Berhampur registered under Section 417,376(2)(n),406,313,506 of the IPC. It is now pending for trial before Adhoc Additional District and Sessions Judge (FTSC) under POCSO Act, Berhampur in ST Case No. 100 of 2024. 2. In Paragraph 1 of the Criminal Revision it is stated as follows: “The petitioner in this present Application seeks to Page 1 of 6 challenge the order dated 07.08.2023 passed by the learned 3rd Additional Sessions Judge, Berhampur out of Sadar P.S. Case No. 182 of 2023 for the grant of bail in G.R. Case No. 534 of 2023 in B. A. No. 648 of 2023”. 3. The prayer in the Criminal Revision is extracted below: “From the above stated facts and circumstances the Petitioners therefore pray to allow this petition and be
Legal Reasoning
admitted and after hearing the parties and calling for the lower court’s records the impugned order dated 07.08.2023 passed by the Learned 3rd Addl. Sessions Judge, Berhampur Sadar P.S. case no 182 of 2023 for the grant of interim Bail in G.R. case No.534/2023 in B.A. No.648 of 2023. Therefore, the Petitioner requests for may kindly be set aside the order passed by the lower court and grant permanent bail/appropriate orders as this Court seems deems fit and proper…” 4. By order dated 07.08.2023 passed in B.A.No. 648 of 2023, the learned 3rd Additional Sessions Judge, Berhampur, had directed for release of the petitioner on interim bail for a period of six months. 5. On 10.01.2024, the delay of 34 days in filing the Criminal
Decision
Revision was condoned and I.A. No. 14 of 2024 was disposed of the Criminal Revision was admitted and in I.A. No.942 of 2023, Page 2 of 6 the petitioner had been directed to be released on interim bail for a period of one month by the trial Court, by a co-ordinate Bench of this Court. 6. On 02.02.2024 in I.A. No.42 of 2024 filed for modification of the order dated 10.01.2024 passed in I.A. No.942 of 203, the interim bail period granted to the petitioner was extended for another period of one month by the co-ordinate Bench and the petitioner had been directed to surrender in the Court of seisin over the matter on or before the exact date of completion of extended interim bail period. 7. On 23.04.2024 when the matter was listed before me, Ms. Sulochana Patro, learned counsel for the petitioner had prayed for the withdrawal of the Criminal Revision, but no surrender certificate had been filed. So, the matter had been adjourned to 30.04.2024 and the Registry have been directed to call for a report from the learned 3rd Additional Sessions Judge, Berhampur regarding the status of the petitioner. 8. On 30.04.2024, report dated 27.04.2024 has been received from the learned Adhoc Additional District and Sessions Judge (FTSC) under POCSO Act, Berhampur. It has been stated in the Page 3 of 6 report that the record had been received on transfer from the court of the Sessions Judge, Berhampur for disposal on 06.03.2024. The petitioner had surrendered in the court on 08.04.2024 and he had been remanded to jail custody and the case had been posted to 30.04.2024 for framing of charge against the accused. The extract of the order dated 08.04.2024 passed in S.T. No. 100 of 2024, had been enclosed with the report. The learned counsel for the petitioner had also filed the order dated 08.04.2024. 9. Perusal of the order dated 08.04.2024 reveals that the interim bail of the petitioner was till 07.04.2024 and the prayer for bail of the petitioner has been rejected by the learned Adhoc Additional District and Sessions Judge (FTSC) under POCSO Act, Berhampur in ST Case No. 100 of 2024 on that day. 10. This indicates that while this Criminal Revision filed with a prayer for releasing the petitioner on bail, was pending in this court, prayer for bail had been made before the learned Court below. 11. From the FIR match details of Berhampur Sadar PS Case No. 182 of 2023, available on the website of the High Court, it is Page 4 of 6 apparent that the petitioner has filed BLAPL No. 3979 of 2024 under Section 439 of the Cr.P.C. and the case was listed on 02.05.2024 before a co-ordinate Bench and has been adjourned to 01.07.2024 awaiting medical examination report and statement of the victim recorded under Section 164 of the Cr.P.C. 12. This indicates that during pendency of this Criminal Revision, where prayer has been to release the petitioner on bail, BLAPL No. 3979 of 2024 has been filed in this Court, with the same prayer. 13. As per the decision of the Supreme Court in the case of Kusha Duruka vs. State of Odisha: 2024 INSC 46, details of any bail application which is pending has to be given and the details and copies of order(s) passed in earlier bail application filed by the petitioner have also to be given in the bail application . Whether this has been mentioned in the bail application, is not known. 14. Mr. Kuresh Prasad Das, learned counsel for the petitioner submits that he has filed a memo for withdrawing this bail application. Considering the submission of the learned counsel for the petitioner, this Criminal Revision is dismissed as Page 5 of 6 withdrawn. 15. As BLAPL No.3979 of 2024 has been filed by the petitioner in connection with the same P.S. Case, i.e Berhampur Sadar P.S. Case No. 182 of 2023, it is proper that this Criminal Revision should be tagged to BLAPL No. 3979 of 2024 and listed before the appropriate Bench. 16. The Registry is therefore directed to tag this Criminal Revision along with BLAPL No. 3979 of 2024 and list the BL APL before the appropriate Bench with permission of the Hon ble Chief Justice. ’ 17. 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: 05-Jun-2024 19:08:05 Page 6 of 6