The Court granted bail to the petitioner in a theft case, noting his judicial custody detention and the completion of investigation, while directing reconciliation of discrepancies in his application history.
Petitioner released on bail subject to terms and conditions including reporting to police station.
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BLAPL No. 910 of 2021
Silu @ Soumendra Das …. Petitioner
-Vrs.-
State of Odisha …. Opp. party
This matter is taken up through video 05. 22.06.2021 conferencing mode.
Heard Mr. Deepak Kumar Sahoo, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Silu @ Soumendra Das in connection with Kendrapara Sadar P.S. Case No.201 of 2020 corresponding to G.R. Case No. 1213 of 2020 pending in the Court of the learned S.D.J.M., Kendrapara for commission of offences punishable under Section 379 of IPC.
The petitioner had moved an application for bail before the Court of learned Sessions Judge, Kendrapara which was rejected on 12.01.2021.
The prosecution allegations in brief against the petitioner is that on 28.08.2020 around 11.00 am, the informant parked his Glamor bike in front of the DCB Bank and gone for some work. On his return, he found that his bike had been taken away by somebody for which FIR was registered against unknown persons. During investigation it was unearthed that the petitioner alongwith the co-accused had stolen the bike and they
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have stolen numerous other bikes for which they are accused in least eight other cases of similar nature.
puspa
Mr. Deepak Kumar Sahoo, learned counsel for the petitioner submits that the petitioner is in judicial custody since 15.10.2020 and an affidavit has been filed by his father stating that the petitioner had no criminal antecedents till he was arrested in Badambadi P.S Case No. 202 of 2020 and thereafter he has been remanded in seven similar cases of different police stations of the year 2020 and all relate to theft of motorcycle and except for Kendrapara Sadar P.S case and Patkura P.S case, he has been released on bail by the District and Sessions Judge Cuttack and Jagatsinghpur in all the cases and all the cases are pending for further proceeding and the basis of his involvement in the cases is the confession of the coaccused before the police and he has been remanded in all the cases. He further states that investigation in the present case is completed and the chargesheet has been filed for commission of offence under Section-379 I.P.C which is triable by a magistrate of the First Class for which his prayer for bail may be favourably considered. He also submits that he is willing to abide with any condition imposed by this Court.
Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the petitioner is a habitual offender having eight criminal antecedents of similar nature and he will commit similar offence if released on bail.
Considering the respective submissions, nature
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of accusations against the petitioner, period of his detention in judicial custody and the problem due to overcrowding in jail on account of the resurgence in the Covid-19 situation, I am inclined to allow the prayer for bail of the petitioner.
Let the petitioner-Silu @ Soumendra Das 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 following conditions:
The BLAPL is accordingly disposed of.
Copy of this order be sent to the IIC Tirtol Police Station for reporting non compliance.
It appears from a perusal of the cause title of this bail application, that the petitioner has not indicated his address correctly and the cause title will have to be corrected before the order granting bail is given effect to. It also appears that both the bail applications of the petitioner listed today pertain to Kendrapara Sadar Police Station and not to Patkura Police Station. The affidavit filed by the petitioner is not entirely correct as it appears that he has been granted bail in Chauliganj P.S Case No.386 of 2020, by this Honble Court in BLAPL No.9427
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of 2020. These discrepancies will have to be reconciled before this order can be given effect to by the learned S.D.J.M., Kendrapara.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the petitioner may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April. 2021.
………………..…… Savitri Ratho, ( Judge.)
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1 issue framed by the court
Whether bail should be granted to the petitioner in a theft case considering his habitual offender status and completion of investigation.
2 provisions across 2 enactments
Silu @ Soumendra Das
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
