Orissa High Court
Nilu @ Pramod vs State Of Odisha on 26 June, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.80 of 2018
Nilu @ Pramod .... Appellant/Petitioner
Kumar Swain
Mr. Sk. Zafarulla, Advocate
-versus-
State of Odisha .... Respondent/Opp.Party
Mrs. Sushamarani Sahoo
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 26.06.2024
I.A. No.67 of 2019
05. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard learned counsel for the petitioner and learned
counsel for the State.
This is an application for bail.
On 16.05.2024 when the matter was taken up, after
going through the impugned judgment, we asked the
learned counsel for the State to obtain a report from the
Inspector-in-charge of Jajpur Police Station regarding
criminal antecedent, if any, against the petitioner and
such report is to indicate whether there is any chance of
law and order problem, if the petitioner is enlarged on
bail looking into the surrounding circumstances.
Today learned counsel for the State has produced
the report received from the Inspector-in-charge of
Jajpur Police Station dated 24.06.2024, wherein it is
mentioned as follows :-
"With reference to the subject cited above, I
beg to report that verified the Criminal
Antecedent of the applicant Nilu @ Pramod
Kumar Behera S/o.Bipin BIhari Swain of Village
Badasuar, PS/Dist.Jajpur, from available PS case
record and found that he was involved in Jajpur
P.S. Case No.123/2013 dt.18.6.2013 U/ss.457/
376/ 302/ 34 IPC but not in case No.123/2013
which is mentioned in your letter. After
completion of investigation the I.O. has
submitted Charge Sheet vide C.S. No.192
dt.2.9.2013 U/s.449/302/212/34 IPC against
him. Otherwise, he is not involved except this
case. There is no chance of creation of law-and-
order problem if the petitioner is enlarged on
bail looking into the surrounding circumstances."
The report furnished by the learned counsel for the
State is taken on record.
Jajpur P.S. Case No.123/2013 dated 18.06.2013
mentioned in the report is the very case, out of which
the present JCRLA No.80 of 2018 arises. However, on
going through the trial Court judgment, we found that
the submission was made by the learned Public
Prosecutor that there was a strong motive on the part of
the appellant behind the commission of crime and he
relied upon Ext.12, which is the certified copy of the
judgment passed in C.T. No.343 of 2011, which revealed
that the petitioner was convicted under sections
453/376/511 of I.P.C. in a case instituted by the victim
of rape (daughter-in-law of the deceased). Perused
Ext.12, which reveals that such case arises out of Jajpur
Town P.S. Case No.156 of 2011, which corresponds to
G.R. Case No.498 of 2011 from the file of learned
S.D.J.M., Jajpur. Therefore, the report, which is
furnished by the Inspector-in-charge, Jajpur Police
Station dated 24.06.2024 that except the present case
(out of which the JCRLA No.80 of 2018 arises), the
petitioner is not involved in any other case is apparently
a wrong statement.
The Inspector-in-charge, Jajpur Police Station is
called upon to file an affidavit as to why he has
suppressed the fact regarding the involvement of the
petitioner in another case and why proceeding under the
Contempt of Courts Act shall not be initiated against him
for giving such misleading report.
In the report dated 24.06.2024, it is also mentioned
that there is no chance of law and order problem, if the
petitioner is enlarged on bail looking into the
surrounding circumstances.
We intend to know regarding the nature of inquiry
conducted by the Inspector-in-charge to arrive at such a
conclusion. The inquiry report shall also be furnished
along with the affidavit by the next date.
Put up this matter on 8th July 2024.
A free copy of this order be handed over to the
learned counsel for the State.
(S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
M.K.Rout
