The High Court allowed bail to an 81-year-old petitioner charged with setting fire to a cabin. Considering his advanced age and the duration of detention, the court ordered his release on bail while directing him to cooperate with the investigation.
Petitioner released on bail by the Court below to be fixed, with a condition to cooperate with the investigation.
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1 BLAPL No.5122 of 2020
Sundar Behera …. Petitioner -Vrs.State of Odisha …. Opp. Party For Petitioner: Mr. B.K. Parida, Advocate For State : Mr. M.K. Mohanty Addl. Standing Counsel
04. 03.09.2020
Heard Mr. B.K. Parida, learned counsel for the petitioner and Mr. M.K. Mohanty , learned Additional Standing Counsel for the State through Video Conferencing mode .
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner-Sundar Behera in connection with Abhayachandpur P.S. Case No.32 of 2020 corresponding to G.R. Case No.296 of 2020 pending in the Court of learned J.M.F.C (P) Kujang. FIR has been registered against Arjun Behera, Bijay Behera and Nirbhaya Behera and Pikan Tarai for commission of offences under Sections 436/427/34 of I.P.C.
The petitioner had moved an application for bail before the Court of learned Addl. District and Sessions Judge, Kujang which was rejected on 27.07.2020.
The prosecution case in brief as per the F.I.R. is that on 27.03.2020 one Upendra Behera lodged a written report before the local P.S. stating that that on the previous night some villagers namely Arjun Behera, Bijay Behera and Nirbhaya Behera and Pikan Tarai had set fire to his cabin. Some days ago there had a dispute among them for which he had reported the matter at the police station but
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the police did not take any action . Taking advantage of the absence of informant the accused persons had set fire to his cabin as a result of which he had suffered damage of Rs.2 lakhs. One Poppy Khuntia had informed him about the incident and he suspected the four persons on account of previous dispute .
During investigation , the conduct of the petitioner was found to be suspicious and he confessed before a co villager- Biswajit Khuntia that he had set fire to the cabin on account of repeated harassment by the informant.
Learned counsel for the petitioner submitted that the informant has specifically named the persons who he suspected to have set fire his cabin and the name of the petitioner is not among them . But the local police on the basis of the statement of the President of a labour union. Has arrested the petitioner . He further submits that the present petitioner is an old man aged about 81 years and he is in custody , since 17.07.2020,.
Learned counsel for the State opposed the prayer for bail stating that investigation is not complete and as valuable property has been destroyed , a lenient view should not be taken. He further submitted that the petitioner has confessed about setting fire to the cabin before one Biswajit Khuntia and others witnesses have seen him near the spot and he has absconded after the incident.
Considering the submissions of the counsels, the nature of materials available against the petitioner in the case diary, his advanced age and his period of detention in judicial custody, I am inclined to allow this application for bail.
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Let the petitioner-Sundar Behera be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the condition that he will cooperate with investigation and appear before the Police Station as and when required for the purpose of investigation.
The BLAPL is accordingly disposed of.
………………..…… Savitri Ratho, J.
Rohit
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2 issues framed by the court
Whether bail shall be granted to an 81-year-old appellant accused of setting fire to a cabin pending investigation.
Whether the incomplete investigation and the advanced age of the accused permit the grant of bail.
2 provisions across 2 enactments
Sundar Behera
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
