Sitaram Rana vs State Of Odisha
2021 Latest Caselaw 11385 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             BLAPL No.8313 of 2021

         Sitaram Rana                              ....             Petitioner
                                             Mr. Trilochan Nanda, Advocate

                                       -versus-
         State of Odisha                           ....        Opposite Parties

                                                     Mr. P.K. Mohanty, ASC
                    CORAM:
                    MR. JUSTICE R.K. PATTANAIK

                                      ORDER

Order                                08.11.2021
No.

   01.   1.       Heard learned counsel for the petitioner and learned
         counsel for the State.

2. This is an application under Section 439 of Cr.P.C for grant of bail to the petitioner in connection with Tarva P.S. Case No.49 of 2012 corresponding to S.T. Case No.57 of 2021 arising out of G.R. Case No.191(I) of 2012 pending in the court of learned Asst. Sessions Judge, Sonepur on the ground stated therein.

3. Perused the FIR and other documents annexed to be bail application besides the impugned order dated 7.9.2021.

4. On a perusal of the FIR, it is made to suggest that the complainant lodged it with regard to the alleged occurrence which had taken place in 2012 during which some miscreants entered inside the spot house and decamped with gold ornaments of 16 tolas and other articles including a cash of Rs.50,000/- kept at home and during and in course of events, he and others came to be assaulted. In that connection, some of the accused persons were arrested and later on charge sheet was filed showing the petitioner to be an absconder.

// 2 //

5. Learned counsel for the petitioner submits that seven accused persons who faced trial have already been acquitted of the charges leveled against them, whereas, the petitioner is on similar footing but then, he was apprehended and arrested in connection with the case by virtue of NBW issued by the learned court below and he is in judicial custody since 21.7.2021. It is also contended that keeping in view the fact that other accused persons stand acquitted after facing of trial, the petitioner, who is in custody may be directed to go face the trial but while being on bail.

6. Learned counsel for the State, on the other hand, opposed bail of the petitioner on the ground that he was the master mind in so far as the alleged dacoity is concerned and that apart, he had absconded for a long time and could only be apprehended recently and having regard to the nature and gravity of the offences, he should not be granted bail, as there is also every possibility of his disappearance once again.

7. Perused the copy of the judgment of the learned court below as at annexure-2 in respect of two of the accused persons. Learned counsel for the petitioner produced one more certified copy of judgment in Sessions Case No.79/12 of 2014 contending that remaining five accused persons have also been acquitted for the charge leveled under Section 394 of IPC. It is submitted that no T.I. parade was conducted in respect of accused persons as the complainant had denied or was not inclined for the same. The petitioner was shown as an absconder in the charge sheet and was filed in 2015. The learned court below after charge sheet was filed, issued warrant of arrest to secure production of the petitioner for the purpose of trial. There is no denial to the fact that for a long period, the petitioner was absconding. In any case, now he has been before the court below after being arrest. Considering the above facts and the fact that the petitioner is now to face trial in a split up // 3 //

case and notwithstanding his alleged default since 2012, the Court is of the considered view that by imposing stringent conditions in order to ensure his continuous attendance before the court concerned for the purpose of trial, he should be released on bail.

8. In the result, it is directed that the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin over of the matter with a condition that he shall not involve any such kind of criminal activities, while on bail; he shall not terrorize the complainant and influence the material witnesses in any manner whatsoever; and shall attend and remain physically present before the court on each date of posting of the case till trial is concluded.

9. The BLAPL is disposed of.

10. Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge TUDU