Deba @ Debendranath Behera And vs State Of Odisha
2021 Latest Caselaw 11334 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV No.11 of 2007

            Deba @ Debendranath Behera and         ....           Petitioners
            others
                                                  Ms.Anima Dei, Advocate
                                                      For Petitioner No.4

                                         Versus
            State of Odisha                        ....            Opp. Party
                                                        Mr. K.K.Nayak, ASC
                      CORAM:
                      JUSTICE SAVITRI RATHO
                                      ORDER

Order No.                            05.11.2021
   19.             I.A. No.375 of 2020

This matter is taken up through hybrid mode. This Criminal Revision has been filed challenging the order dated 06.11.2006 passed by the learned Adhoc Addl. Sessions Judge, F.T.C., Jagatsinghpur in Criminal Appeal No.28/2006 (Criminal Appeal No.3 of 2004) confirming the order of conviction dated 23.12.2003 passed by the learned C.J.M.-cum-Asst. Sessions Judge, Jagatsinghpur in S.T. Case No.366/40 of 1996 for commission of offences punishable under Sections 450/394/354/34 of I.P.C. and sentence of five years and to pay a fine of Rs.5000/- in default to undergo S.I. for a period of one year for the offence u/s 450 I.P.C., R.I. for five years and to pay a fine of Rs.5000/- in default to undergo S.I. for a period of one year for the offence u/s 394 I.P.C. and R.I. for one year and to pay a fine of Rs.1000/- in default of payment to undergo S.I. for a period of three months for the offence u/s 354 I.P.C. with a direction for the sentences to run concurrently. All the petitioners were acquitted in respect of the offences under Sections 457/370 I.P.C.

1 of 2/P.T.O.

// 2 //

This I.A. has been filed for releasing the Petitioner No.4, Ramesh @ Rajia Barik on bail during pendency of the Criminal Revision and it has been averred in the I.A. that he is in custody since 31.01.2020 and was on bail during trial stage as well as appellate stage and he has never violated his liberty while on bail.

Perusal of the order dated 05.08.2010 passed in M.C. No.2284 of 2008 reveals that Petitioner No.1 has undergone the entire sentence, Petitioner Nos.2 and 3 were ready and willing to surrender and hence were directed to be released on bail on their surrender. But prayer of Petitioner No.4- Ramesh @ Rajia Barik was rejected as he had not appeared.

Perusal of the order dated 04.03.2008 passed in Misc. Case No.27/03 by the Asst. Sessions Judge, Jagatsinghpur reveals that all the four petitioners has been released on bail on 05.01.2004. But petitioner no.1 was in custody since date of judgment and hence NBW of arrest had been issued against petitioners No.2 to 4. There is no order indicating that Petitioner Nos.2 & 3 have surrendered pursuant to order dated 05.08.2010 and have been released on bail. But perusal of order dated 31.01.2020 reveals that the petitioner Ramesh @ Rajia Barik was produced after execution of NBW of arrest and he was recommitted to jail to suffer substantive and default sentence.

Heard Ms.Anima Dei, learned counsel for the petitioners and Mr.K.K.Nayak, learned Addl. Standing Counsel.

Considering the nature of allegations against the petitioners and the fact that the petitioner No.4 was absconding since about 12 years and has been arrested on 31.01.2020 pursuant execution of NBW of arrest, I am not inclined to release the petitioner on bail during pendency of the Criminal Revision.

// 3 //

Hence, the prayer for bail is rejected. The I.A. is accordingly dismissed.

(Savitri Ratho) Judge

CRLREV No.11 of 2007

20. List this matter on 15.11.2021 for hearing under the heading "Old Category Cases".

(Savitri Ratho) Judge

Bichi