Appeals against bail rejection were disposed of. The High Court declined to grant bail, noting that parity with a co-accous cannot be a sole ground. Trial is expedited; bail prayers may be renewed after victim examination.
Bail applications dismissed; trial to be expedited; liberty to renew bail prayer after victim examination.
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
CRLA No.111 of 2022
Banty @ Umakanta Sahu …. Appellant
Mr.P.K. Routray, Advocate
-versus-
1. State of Odisha
…. Respondents
2. Smt. Surya Kumbhar
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CRLA No.196 of 2022
Nihar Sahu @ Biren …. Appellant
Mr.P.K. Routray, Advocate
-versus-
1. State of Odisha …. Respondents
2. Smt. Surya Kumbhar
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 04.04.2023
Since both these appeals arise out of one case, they are heard together and disposed of by this common order.
// 2 //
Heard the learned counsel for the appellants and learned counsel for the State.
Both the appeals filed under section 14-A of the S.C. & S.T. (PoA) Act, 1989 in connection with Gaisilat P.S. Case No.147 of 2021 corresponding to Special G.R. Case No.65 of 2021 pending in the file of learned Addl. Sessions Judge, Padampur for the commission of offences under sections 147/148/149/506/294/427/307/395/376-D/ 336/458/354/354-B of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act .
The appellants moved applications for bail before the learned Addl. Sessions Judge, Padampur was rejected as per order dated 18.11.2021 & 10.02.2022 respectively.
Learned counsel for the appellants submitted that the appellants are in judicial custody since 13.09.2021 and they have been charge sheeted under sections 147/148/ 149/506/294/427/307/395/376-D/336/ 458/ 354/354-B of the Indian Penal Code read with sections 3(1)(r)(s)/ 3(2)(v)(va) of the S.C. & S.T. (PoA) Act. Learned counsel further submitted that one of the co-accused, namely, Shyama Sahu has been released on bail by this Court in CRLA No.724 of 2022 as per order dated 22.12.2022, therefore, the bail application of the appellants may be favourably considered. Learned counsel filed the copy of the bail order, which is taken on record.
Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation, the manner in which the crime was committed and since the claim of parity cannot be a sole ground for
Page 2 of 3
// 3 //
grant of bail, I am not inclined to release the appellants on bail. However, the learned trial Court shall do well to expedite the trial. The appellants are at liberty to renew their prayer for bail after examination of the victim in the learned trial Court.
The CRLAs are accordingly disposed of. The order be communicated to the learned trial Court forthwith.
( S.K. Sahoo)
Sipun
Page 3 of 3
2 issues framed by the court
Whether bail should be granted to appellants in light of a co-accused's release and parity claims.
Whether the nature and gravity of the accusation preclude bail.
3 provisions across 2 enactments
Banty @ Umakanta Nihar Sahu
State of Odisha
Smt. Surya Kumbhar
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
