Orissa High Court
BLAPL/5220/2020 on 19 January, 2021
BLAPL No.5220 of 2020
07. 19.01.2021 This matter is taken up through video
conferencing.
Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner being in custody in connection with
Pipili PS Case No.243 of 2019 corresponding to GR Case
No.406 of 2019 pending in the court of learned JMFC,
Pipili registered for the alleged commission of offences
under Section 395 of IPC read with Section 25 of the
Arms Act, has filed this application under Section 439
of CrPC for his release on bail.
The prosecution allegation, in brief, is that on
26.09.2019 at 11:30 PM some unknown culprits
committed burglary by breaking the grill and locks of
Datatreya Ashram and by breaking the almirah kept in
the ground floor and took away gold ornaments, one
Rolex wrist watch, silver ornaments etc. On these
allegations, FIR has been registered for the alleged
commission of offence under Sections 457, 380 of the
IPC and subsequently turned to Section 395 of the IPC
and 25 of the Arms Act.
Learned counsel for the petitioner submits that
the occurrence took place on 26.09.2019, for the alleged
commission of an offence under Sections 457, 380 of
IPC. On 06.02.2020 on the basis of the statement
recorded under Section 161 CrPC of Laxminarayan
Samal @ Dipu, the present petitioner along with others
have been implicated in the present crime. He further
submits that during course of investigation, the accused
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after being arrested and while in police custody, has
confessed to have committed the dacoity along with the
present petitioner. In view of the disclosure statement
recorded under Section 26 of the Indian Evidence Act,
confession by accused while in the custody of police,
which is not to be proved against him, is a weak piece of
evidence. No confession made by any person whilst he
is in custody of a police officer unless it is made in the
immediate presence of a Magistrate, shall be proved as
against such person.
Learned counsel for the petitioner submits the
trial has not yet been commenced. He further submits
that the petitioner is in custody since long and it defeats
the purpose of criminal justice system. In view of the
judgment as laid down in Hussainara Khatoon Vrs.
State of Bihar wherein Hon'ble Supreme Court held
that right to have speedy trial is a fundamental right of
a citizen. Hence, keeping a person in custody for such a
long time without any trial, is not justified and violation
of fundamental right.
Learned counsel for the State vehemently objected
the prayer for bail of the petitioner. He further submits
that the petitioner is a habitual offender and there are
27 criminal antecedents against the present petitioner
in different Police Stations.
Considering the submissions made, facts and
circumstances of case, it is directed that the petitioner
be released on bail in the aforesaid case with some
stringent terms and conditions as deemed just and
proper by the learned JMFC, Pipili.
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Violation of any of the conditions shall entail
cancellation of the bail.
The BLAPL is accordingly disposed of.
Petitioner may utilize the soft copy of this order
available in the High Court's website or printout thereof
at par with certified copies in the manner prescribed,
vide Court's Notice No. 4587 dated 25.03.2020.
.............................
S. K. Panigrahi, J.
AKP
