Allowed

Silu @ Soumendra Das v. State of Odisha

Orissa HC22 Jun 2021BLAPL/915/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Silu @ Soumendra Das in a theft case. Despite being a habitual offender, bail was granted due to jail overcrowding during COVID-19. Conditions for reporting and abstaining from criminal activity were imposed.

What did the court decide?

Petitioner released on bail subject to conditions: no criminal activity, no witness tampering, and reporting at Tirtol Police Station on Fridays between 4:00 PM and 6:00 PM.

Silu @ Soumendra Das Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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BLAPL No. 915 of 2021

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Silu @ Soumendra Das …. Petitioner

-Vrs.-

State of Odisha

…. Opp. party

This matter is taken up through video 05 22.06.2021 conferencing mode.

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Heard Mr. Deepak Kumar Sahoo, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.

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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.261 of 2020 corresponding to G.R. Case No. 1564 of 2020 pending in the Court of the learned S.D.J.M., Kendrapara where chargesheet has been submitted for commission of offences punishable under Sections 379/ 201/ 34 of I.P.C.

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The petitioner had moved an application for bail before the Court of learned Sessions Judge, Kendrapara which was rejected on 13.01.2021.

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The prosecution allegations in brief are that on 31.08.2020 at 7.00 pm, the informant parked his Honda Glamour motorcycle in front of the Honda show room and went for some work. After his return, he could not find his vehicle and hence FIR was registered against unknown persons. During investigation, it was ascertained that the petitioner had stolen the bike and that he is a habitual offender and there are eight other

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similar cases pending against him

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puspa

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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 this case and Kendrapara Sadar P.S case (which bail applications are listed today), 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 complete and the chargesheet has been filed for commission of offence under Section-379/201 of 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.

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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.

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Considering the respective submissions, nature of accusations against the petitioner, period of his detention in judicial custody, punishment prescribed for the offence and the problems in the jails problems due to

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overcrowding in the jail during the resurgence of the covid 19 pandemic, I am inclined to allow the prayer for bail of the petitioner .

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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:

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He will not indulge in any criminal activity while on bail.

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He will not threaten or try to influence prosecution witnesses while on bail.

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He will report before Tirtol Police Station once a week on every Friday between 4.00 P.M. to 6.00 P.M .

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The BLAPL is accordingly disposed of.

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Copy of this order be sent to the IIC Tirtol Police Station for reporting non compliance.

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It appears from a perusal of the cause title of this bail application, that the petitioner has not indicated his address correctly. 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 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.

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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

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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.

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………………..……

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Savitri Ratho, (Judge)

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Silu @ Soumendra Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Silu @ Soumendra Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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