In a bail application under Section 439 Cr.P.C., the High Court allowed the petitioners accused of dacoity to be released on bail, subject to fixed conditions and verification of antecedents, while also granting an interim correction for the cause title.
Accused released on bail subject to conditions; cause title corrected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13033 of 2023
1. Sitan Majhi ….. Petitioners
2. Jena Behera
3. Mamuli Behera
4. Chentu @ Anil Behera
5. Panu @ Bapun Behera 6. Banka @ Silu Sethy Mr. P.K. Mohapatra, Advocate Vs. ….. State of Odisha Opp. Party Ms. S. Mishra, ASC
CORAM:
JUSTICE SAVITRI RATHO
ORDER 08.12.2023 I.A. No. 1626 of 2023
Order No.
(Through hybrid mode) 03. 1. This I.A. has been filed for correction of the cause title of the bail application where the description of petitioner no.4- Chentu @ Anil Behera has been wrongly mentioned as “S/o-Haladhar Behera, of village- Gotasahi Tube, P.S.-Jarpada, District-Angul” in place of “S/oRatnakar Behera, of village-Parabeda, P.S.-Gopalprasad, DistrictAngul”.
2. Mr. P.K. Mohapatra, learned counsel for the petitioner submits that on account of typographical (computer editing error), the father’s name and village of petitioner no.5-Panu @ Bapun Behera has been
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typed in respect of petitioner no.4-Chentu @ Anil Behera.
3. Perusal the cause title of the bail application and Vakalatnama
executed by the petitioner indicates that petitioner no.4-Chentu @ Anil Behera, aged 22 years has been described to be the S/o-Ratnakar Behera, of village-Parabeda, P.S.-Gopalprasad, District-Angul. It is
apparent that the error in the cause title is on account of typographical/computer editing error.
4. The I.A. is allowed.
5. The learned counsel for the petitioner is permitted to correct
the cause title and description of petitioner no.4- Chentu @ Anil
Behera. He is also directed to file a corrected cause title so that the
same can be incorporated in the case records.
necessary modification in the case reference. 04.
BLAPL No. 13033 of 2023
1. Six affidavits have been filed in respect of the criminal
antecedents of the petitioners. The affidavits are taken on record.
2. Copies of the same have been served on Ms. S. Mishra, learned
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Additional Standing Counsel.
3. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Parjang P.S. Case No. 379 of 2023 corresponding to G.R. Case No. 489 of 2023 pending in the Court of the learned J.M.F.C., Parjang registered for commission of offence punishable under Sections 399 and 402 of IPC read with Section 25 of the Arms Act.
4. The prayer for bail of the petitioner has been rejected vide order dated 02.11.2023 passed by the learned Additional Sessions Judge, Kamakhyanagar in BLAPL No. 253 of 2023.
5. The prosecution allegation in brief is that on 09.09.2023, when the S.I. of Dadaraghati Police Station was performing night patrolling duty, he received information about gathering of miscreants at an isolated house near Kulei bridge on the side of N.H.-149 for committing dacoity. He proceeded to the spot along with his staff and apprehended seven miscreants including the present petitioners after a tussle during which he sustained injury on his palm and right shoulder. On search, cash, toy gun, smart phones,
iron rods, plastic jars, tool kit for opening of the fuel tanks of the vehicles, plastic pipes, motor cycles (one Pulsar M/C vehicle bearing
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Registration No.OD19-J-9202 and one Scorpio vehicle bearing Registration No. OD10-F-1001) were seized from the petitioners and the co-accused. The petitioners and the other accused were arrested at the spot.
6. Mr. P.K. Mohapatra, learned counsel for the petitioners submits that the petitioners are young men and are custody since 09.09.2023 and none of them have only single criminal antecedent. Affidavits have been filed on their behalf in respect of their criminal antecedents which would reveal that petitioner no.1- Sitan Majhi is involved in Jarpada P.S. Case No. 96/2021 under Sections 294, 323, 336, 341, 353, 506 of IPC, petitioner no.2-Jena Behera is involved in Industrial P.S. Case No. 83/2018 under Sections 379/34 of IPC, petitioner no.3-Mamuli Behera is involved in Colliery P.S. Case No. 162/2009 under Sections 379/34 of IPC, petitioner no.4-Chentu @ Anil Behera does not have any criminal antecedents, petitioner no.5Panu @ Bapun Behera, S/o- Ratnakar Behera is involved in G.R. Case No. 457/2020 under Sections 379/34 of IPC in the court of the learned S.D.J.M., Pallahara and petitioner no.6-Banka @ Silu Sethy does not have any criminal antecedents. He further submits that the
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investigation in the case is practically over for which the prayer for bail of the petitioners may be sympathetically considered.
7. Ms. S. Mishra, learned Additional Standing Counsel for the State opposes the prayer for bail stating that various incriminating articles have been seized from the possession of the petitioners which indicate that they were preparing to commit dacoity. She further submits that the criminal antecedents of the petitioners are required to be verified.
8. Considering the nature of allegations against the petitioners, the period of their detention in custody, the nature and number of the criminal antecedents, I am inclined to allow the prayer for bail.
9. The petitioners, namely, Sitan Majhi, Jena Behera, Mamuli Behera, Chentu @ Anil Behera, Panu @ Bapun Behera and Banka @ Sily Sethy shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification of their criminal antecedents, including the following conditions:
(i) They will not indulge any criminal activity while on bail. (ii) They will not threaten prosecution witnesses or tamper
with the evidence while on bail.
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(iii) They will appear before the Parjang Police Station once a week preferable on Tuesday between 5.00 p.m. to 6.00 p.m. till completion of investigation and thereafter once a month preferably on the first Sunday between 5.00 p.m. to 7.00 p.m. till conclusion of trial before the Police Station within whose jurisdiction they reside.
10. Violation of any condition will entail in cancellation of bail/recall of this order.
12. Urgent certified copy of this order be granted on proper application.
13. Copy of this order be handed over to Ms. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC, Parjang Police Station, Gopalprasad Police Station and Jarpada Police Station along with corrected cause title of the bail application.
puspa
Signature Not Verified
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 12-Dec-2023 17:55:03
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3 issues framed by the court
Whether the prayer for bail should be allowed given the nature of allegations and criminal antecedents.
What conditions should be imposed on the release of the petitioners on bail.
How to address the typographical errors in the cause title of the bail application.
1 provisions across 1 enactments
Sitan Majhi
Jena Behera
Mamuli Behera
Chentu @ Anil Behera
Panu @ Bapun Behera
Banka @ Silu Sethy
Justice Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
