Orissa High Court
Sitaram Rana vs State Of Odisha on 10 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8382 of 2021
Sitaram Rana .... Petitioner
Mr. T. Nanda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 10.11.2021
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.17 of
2014 corresponding to S.T. Case No.58 of 2021 pending in the
court of learned Sessions Judge, Sonepur.
3. Perused the FIR and other documents besides the impugned
order dated 23.8.2021.
4. From the FIR, it is suggested that the alleged occurrence
took place in the year, 2014, during which, some miscreants entered
inside the spot house and committed dacoity and decamped with
gold ornaments and other articles with cash of Rs.50,000/- and in
course of events, he was assaulted. In that connection, the petitioner
on the strength of NBW issued by the learned court below and its
execution was arrested and forwarded to the court and he is in
custody since 21.7.2021.
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5. Learned counsel for the petitioner submits that charge sheet
was filed and thereafter, the court issued warrant of arrest against
the accused. In fact, the petitioner was apprehended on the strength
of said NBW and produced before the learned court below. Learned
counsel for the petitioner further submits that seven other accused
persons connected to the case have already been acquitted of the
charges. A copy of the order dated 8.11.2021 in BLAPL No.9313 of
2012 is produced before the Court by the learned counsel for the
petitioner contending that accused is on similar footing as the other
accused.
6. Learned counsel for the State, on the other hand, opposed
bail of the petitioner on the ground that he along with accused
persons committed the dacoity and thereafter, absconded and could
only be apprehended by the police recently. It is submitted that the
petitioner had absconded for seven years and evaded trial.
7. In BLAPL No.8313 of 2021, the Court had occasion to go
through the certified copy of the judgment in acquittal case. The
accused in that case is on a similar footing against whom NBW had
been issued and later arrested and was forwarded to the court.
Though, it is claimed by the learned counsel for the State that he is
the master mind but as such, no recovery was made from the
petitioner. It is brought to notice of the Court that from other
accused persons, recovery of the stolen articles was made. In any
case, investigation is over and according to the submission of the
learned counsel for the petitioner, the accused has one more case
under his belt. Having regard to the above facts and submission
made and the fact that on the strength of NBW, he has been
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arrested recently, the Court is of the considered view that, he should
be released on bail with stringent conditions. Hence, it is ordered.
8. In the result, it is directed that the petitioner be released on
bail 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
court in seisin over of the matter with conditions that he shall
appear before the court below on each date of posting of the case
till trial is concluded; and in the meantime, shall not involve himself
in any such kind of criminal activities of similar nature.
9. The BLAPL is disposed of.
10. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge
TUDU
