Allowed

Tapan Pattnaik v. State of Odisha

Orissa HC1 Sept 2023BLAPL/5447/2023

Case brief

AI extract

What is this about?

Single judge order granting bail to multiple petitioners in separate criminal matters compounded under a single FIR. Court directed release based on preliminary charge sheet filing and fixed specific conditions including periodic police appearance for some accused while others must appear upon summon.

What did the court decide?

Bail granted to petitioners with conditions including fixed terms by trial court, prohibition on inciting communal passion, restricted movement, and mandatory weekly police appearance for specific pet

Tapan Pattnaik Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5447 of 2023

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Tapan Pattnaik …. Petitioner
Mr. R.K. Das, Advocate
-versus-
State of Odisha …. Opposite Party
Mr. J.J. Katikia, AGA
BLAPL No.5958 of 2023
Sachin Soni & others …. Petitioners
Mr. D.P. Mishra, Advocate
-versus-
State of Odisha …. Opposite Party
Mr. J.J. Katikia, AGA
BLAPL No.6143 of 2023
Sanu @ Swagat Bohidar & …. Petitioners
others
Mr. S.C. Mohapatra, Sr., Advocate
Mr. S. Tibrewal, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. J.J. Katikia, AGA
BLAPL No.6852 of 2023
Anuj Singh …. Petitioner
Mr. D.P. Mishra, Advocate
-versus-
….
State of Odisha Opposite Party

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Page 1 of 4

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Mr. J.J. Katikia, AGA

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BLAPL No.6998 of 2023

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Saroj Kumar Ghadai …. Petitioner Mr. S.C. Mohapatra, Sr. Advocate Mr.S. Tibrewal, Advocate

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Petitioner

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-versus-

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State of Odisha …. Opposite Party Mr. J.J. Katikia, AGA

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BLAPL No.7000 of 2023
Sameer Ranjan Babu @ Tiki …. Petitioner
Babu
Mr. S.C. Mohapatra, Sr. Advocate
Mr.S. Tibrewal, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. J.J. Katikia, AGA
BLAPL No.7003 of 2023
Ankit Dutta …. Petitioner
Mr. S.C. Mohapatra, Sr. Advocate
Mr. S. Tibrewal, Advocate
-versus-
State of Odisha …. Opposite Party

¶12

Mr. J.J. Katikia, AGA

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CORAM: JUSTICE V. NARASINGH ORDER

01.09.2023

Order No.

02.

Since all the matters arise out of Sambalpur Town P.S. Case No.127 of 2023, they are heard together and disposed of by this common order on the consent of the parties.

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Page 2 of 4

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Heard learned Senior Counsel who led the argument on behalf of the Petitioners and learned counsel for the State.

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The Petitioners are accused in G.R Case No.900 of 2023 pending on the file of learned Sessions Judge, Sambalpur, arising out of Sambalpur Town P.S. Case No.127 of 2023 for commission of the alleged offence under Sections 147/148/153-A/436/149/120B IPC.

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Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Sambalpur by order dated 10.05.2023 in the aforementioned cases, the present bail applications have been filed.

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It is submitted by the learned counsel that FIR was lodged against the accused persons named therein and others for ransacking Ali Mobile Shop and also inciting communal passion.

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It is further submitted that in the case at hand since preliminary charge sheet has been filed on 19.08.2023, further continuance of the Petitioners in custody is not warranted.

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Learned counsel for the State submits that since investigation has been kept open under Section 173 (8) Cr.P.C. and keeping in view the criminal proclivity of the Petitioners as stated, the Petitioners ought not to be released on bail at this stage.

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It is stated at the Bar that so far as criminal antecedents of the Petitioners are concerned, some of the cases relate to the unfortunate incident on 14.04.2023.

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It is the further submission of learned Senior Counsel that in most of the cases, cited as antecedents, Petitioners have been released on bail.

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Page 3 of 4

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Considering the period in custody and filing of the preliminary charge sheet and nature of accusation, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.

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Additionally, it is directed that save and except PetitionerTapan Pattnaik in BLAPL No.5447 of 2023, Petitioner No.2-Sishir Bohidar and Petitioner No.4-Debashis Purohit in BLAPL No.6143 of 2023, all the Petitioners shall appear before the jurisdictional police station as and when summoned.

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11-A. All the Petitioners shall not do any act overtly or covertly to incite communal passion and shall not leave the jurisdiction of the learned Court in seisin without intimation to the I.O.

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So far as the Petitioners, who have been specifically referred to hereinabove (Petitioner-Tapan Pattnaik in BLAPL No.5447 of 2023, Petitioner No.2-Sishir Bohidar and Petitioner No.4- Debashis Purohit, shall appear before the jurisdictional police Station once every week till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Violation of any of the conditions shall entail cancellation.

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Accordingly, the bail applications stand disposed of.

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Urgent certified copy of this order be granted as per rule.

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PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 02-Sep-2023 15:32:04

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Page 4 of 4

Tapan Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tapan Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

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