Allowed

Iswar Biswal @ Kalia v. State of Odisha

Orissa HC4 Sept 2020BLAPL/5331/2020

Case brief

AI extract

What is this about?

Single judge entertained a bail application under Section 439 Cr.P.C. representing a bail application already rejected by the Sessions Judge. The application was allowed sequentially as the court permitted disposal of the matter on filing the original application. The direction was to release petitioner on bail subject to terms and conditions scheduled by the lower court and the direction to the a

What did the court decide?

Petitioner released on bail on terms to be fixed by Magistrate with specific conditions including not influencing witnesses.

Iswar Biswal @ Kalia Vs State of Odisha — Cheque Dishonour | Orissa HC (2020)

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BLAPL No. 5331 of 2020

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Iswar Biswal @ Kalia …. Petitioner -Vrs.State of Odisha …. Opp. party

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For petitioner: Mr. P.S. Nayak

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For State : Mr. D. Mund Addl. Govt. Advocate

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04.09.2020

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Heard Mr. P.S. Nayak, learned counsel for the petitioner and Mr. D. Mund, learned Additional Govt. Advocate for the State through Video Conferencing mode.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner- Iswar Biswal @ Kalia in connection with Baselisahi P.S. Case No.151 of 2020 corresponding to G.R. Case No.1461 of 2020 pending in the Court of learned S.D.J.M., Puri. The case has been registered against the petitioner for commission of offences punishable under Sections 341, 294, 323, 324, 307, 435, 120-B, 34 of I.P.C. read with sections 25 and 27 of the Arms Act.

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The petitioner had moved an application for bail before the Court of learned Sessions Judge, Puri which was rejected on 04.08.2020.

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sukanta

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The brief facts of the case as per the FIR are that on 27.05.2020 at 4.00 p.m. while informant’s son namely Biplab Panda @ Chiku along with his two friends namely Kanha and Rabi had been to Nua Patana Lane through Badasantha Lane in FZ motor cycle bearing

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registration No. OD-13-H-3492, near Bada Santha Matha Lane, the accused persons Ramina Singh,Rocky , Biki, Jagan, Balia and Pinku being armed with deadly weapons like sword and pistol and instigated by Kedar Guru, wrongfully restrained them and Kalia Biswal assaulted Kanha by means of gun and other assaulted his friends by means of sword as a result of which Biplab sustained bleeding injury on his head, hand and fingers . Thereafter, the accused person utilsing the petrol which leaked from the motor cycle , set fire to it and it was completely burnt. On account of assault on the head of Babulu Mohanty, he has sustained bleeding injury on the head .

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Learned counsel for the petitioner submitted that the petitioner is in custody since 30.05.2020. He further submitted that there was a clash between both the parties and the case and counter case were registered and are pending between them . He further submits that the informant is not an eye witness and from the statement of the injured , it is apparent that the petitioner arrived at the spot later and allegedly dealt kicks and fist blows on the inured. He further submitted that the injured who had been taken to hospital have been treated and discharged . He further submitted that the co-accused person namely Kedar Guru has been granted interim protection by this Court in ABLPL No 6500 of 2020 and ABLPL 7447 of 2020 and the petitioner stands on a better footing than them. As investigation

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must be complete by now, he may be released on bail.

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Learned counsel for the State opposed the prayer for bail stating that the petitioner has one criminal antecedent of similar nature and in view of the fact that the petitioner and co accused have attacked the injured with deadly weapons causing serious injuries, and if released on bail the petitioner is likely to commit similar offence , he should not be released on bail.

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Perused the statement of injured Biplab Panda @ Chiku, his injury report and opinion of the Orthopaedic Specialist. The injured report reveals that he sustained lacerated wounds on both forearms, right thumb, and two lacerated injuries on the head as well as deformity in the right forearm. The Orthopaedic specialist has opined that the injuries on the right arm and left thumb (fractures) are grievous in nature. In his statement recorded under Section – 161 CrlP.C , the injured has ascribed the injury on his arms and fingers to the co accused persons who were tried to assault him on the head with weapons . He has stated about assault by iron pipe by co accused Rocky and Biki, being assaulted on the head with sword by co accused Jagan and Balia, assault by co accused Loka with lathi on him and his friends Kanha and Rabi . He has further stated that after the co- accused persons had set fire to the motorcycle, the petitioner and one Kedar Guru arrived at the spot and dealt kicks and fist blows on him and urging the co accused to give a lesson to the injured. The other case

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has been registered against the petitioner in 2009.

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Considering the submissions of the learned counsel for the respective parties, the nature of accusations against the petitioner, period of his detention in judicial custody and the stage of instigation and the fact that the petitioner is a permanent resident of Markandeswar Sahi under Baselisahi Police Station, I am inclined to allow his prayer for bail.

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Let the petitioner- Iswar Biswal @ Kalia 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 conditions that he will not threaten or attempt to influence the witnesses or indulge in any criminal activity while on bail. Violation of any of the conditions will entail in cancellation of bail.

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The BLAPL is accordingly allowed.

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Savitri Ratho, J.

Iswar Biswal @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

Iswar Biswal @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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